Tripura High Court
The Accused vs The State Of Tripura on 23 August, 2022
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
AB NO.38 OF 2022
Sri Subir Deb,
S/o-Sri Sankar Deb, R/o- Barulutma,
Dhalai, Tripura, PIN-799286.
......... The Accused Petitioner.
Vs.
The State of Tripura
........ The Respondent.
For the Petitioner(s) : Mr. S. Bhattacharjee, Advocate For the Respondent(s) : Mr. R. Datta, P.P. Mr. S. Ghosh, Addl. P.P. Date of hearing : 22.08.2022.
Date of delivery of
Judgment & Order : 23/08/2022
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT AND ORDER
This is an application filed under Section 438 of the Criminal Procedure Code, 1973 for granting anticipatory bail to the accused petitioner in the event of his arrest in connection with Kamalpur P.S. Case No. 2022 KMP 030, dated, 30.06.2022, under Section 341/326/307/34 of IPC. Page 2 of 4
2) The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that on 30.06.2022, one Amrit Sutradhar, S/o Harabindu Sutradhar lodged an FIR to the O/C Kamalpur Police Station, and stated that on 02.06.2022, at about 08.30 PM at Halahali Bazar near the shop of one Sri Sajal Acharjee, the FIR named accused person, suddenly attacked him. He further stated in the FIR that one of the FIR named accused-person kept him on hold while Subir Deb, the accused-petitioner herein allegedly attacked him with a knife in the abdominal region, and his organs in abdominal regain came out. Thereafter, vehicles of the Fire Department came to rescue him and took him to Kamalpur Hospital. In the FIR it is also alleged that Subir Deb with an intention to kill him, attacked with a knife in his abdominal region. The said FIR was received on 30.06.2022, at about 23.30 hrs, and registered as Kamalpur P.S. Case No.2022 KMP 030, dated 30.06.2022, under Section 341/326/307/34 of IPC.
3) Mr. S. Bhattacharjee, learned counsel appearing for the petitioner submits that the accused person is not the FIR named person and he is in no way involved in the Page 3 of 4 incident mentioned in the FIR. The father's name and address of the petitioner is different from the particulars in FIR & Complaint. Petitioner is no way connected with the victim.
4) Mr. R. Datta, learned P.P. appearing for the State-respondent vehemently countered the said submission of the learned counsel appearing for the petitioner and submitted that the crime as alleged to be committed is grievous in nature and the petitioner needs to be interrogated since in the FIR, the name of the accused- petitioner is categorically mentioned.
5) Heard both sides and perused the evidence on record. As per the order dated 17.08.2022, the investigating officer, Smt. P. Nath is present before the Court today.
6) In the instant case, the complainant-victim according to the case dairy, suffered a single stab wound by a hard shape object and the Doctor opined that the 'nature of injury is fresh and grievous caused by hard and sharp object'. So the nature of the crime committed is grievous in nature and needs to be investigated. Further in the FIR, lodged by the victim-complainant, the name of the accused Page 4 of 4 petitioner herein is categorically mentioned. In so far the argument made by the petitioner-counsel, it needs proper examination and appreciation.
7) So, for the reasons and observations made above and also in view of the serious allegation made against the accused-petitioner, this Court is not inclined to grant this anticipatory bail.
9) The accused petitioner herein shall surrender before the concerned Court within a period of 1(one) week from today and move bail application.
10) The Court below shall examine the same on merit and decide the matter.
11) With the above observation and direction, this instant anticipatory bail application is dismissed.
JUDGE suhanjit