Tripura High Court
Puja Majumder On Behalf Of Accd. ... vs . on 24 August, 2020
Author: Arindam Lodh
Bench: Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
BA NO.86 OF 2020
Puja Majumder on behalf of Accd. Karnajit De.
Vs.
State of Tripura.
For Petitioner(s) : Mr. S. Kar Bhowmik, Adv.
For Respondent(s) : Mr. R. Datta, P.P.
HON'BLE MR. JUSTICE ARINDAM LODH Order 24/08/2020 Heard Mr. S. Kar Bhowmik, learned counsel appearing for the petitioner as well as Mr. R. Datta, learned P.P. appearing for the State respondent through video-conferencing.
2. Mr. Datta, learned, P.P. has produced the case dairy before this Court in advance.
3. I have perused the case diary.
4. The accused-Karnajit De was arrested in connection with NCC Police Station Case No.2020 NCC 106 under Section 323/353/506/34 IPC and Section 3(2) (i) of Epidemic Diseases Amendment Act, 2020 read with Section 3 of the Tripura Medicare Service Persons and Medicare Service Institution (Prevention of Violence & Damage Property) Act, 2013 with the allegation of spitting upon the doctors and for causing obstacles in the discharge of their official duties and function at the Bhagat Singh Covid Care Centre Agartala.
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5. Mr. Kar Bhowmik, learned counsel submits that the accused-person was arrested on 5th August, 2020 and he has been in custody since then. During his custody, the accused-person was subjected to Test Identification Parade (TIP). Accordingly, it was conducted in accordance with law, which is evident from the case dairy. All the accused-persons were produced before the victim-Dr. Sangita Chakraborty and others, and they had been able to identify the accused-persons including the present accused-person herein.
6. Mr. Kar Bhowmik, learned counsel submits that the wife of the accused-person is carrying almost nine months' pregnancy, and, on earlier occasion, the wife had suffered an accidental discharge of pregnancy. The learned counsel further submits that in this situation, the wife of the accused needs his proper care for the safe birth of the baby in the womb.
7. From the case dairy, it is found that the investigation is almost complete.
8. The investigation of a cognizable offence and the various stages thereon, including the interrogation of the accused- person is exclusively reserved for the investigating agency, whose powers are unfettered, so long as the investigating officer exercises his investigating powers.
9. The object and purpose of detention of an accused is to ensure that the investigating agency book the offenders to unearth the truth involved in the crime through the established procedure of investigation embodied in the criminal justice system. A civic Page 3 of 5 society, and particularly, in the perspective of the present COVID- 19 pandemic situation, the doctors and the health workers, including all related frontline fighters have "fundamental" and "human" right to work and live in an atmosphere free from any kind of psycho-fear, threat, danger or insecurity at the hands of the victims of the present situations in any place or places, be it in hospitals or outside hospitals. No doubt, a COVID-19 infected citizen-patient suffers from mental trauma and other adversarial factors. Here, the Court is to strike a balance between the personal liberty of a citizen/patient as enshrined in Article 21 of the Constitution of India and the society, which is the biggest stakeholder in the administration of criminal justice system.
10. Keeping in mind the above factors, I shall proceed to decide the present bail application.
11. This Court could remember that the accused-person first approached this Court with a petition for anticipatory bail. But, before passing any order in that petition, he was arrested on 4th August 2020. On being produced before the Court on the same day, his bail application was allowed by the Magisterial Court, which was rejected by this Court vide order dated 5th August 2020.
12. It is well-entrenched principle that grant of bail is a rule and its rejection is an exception. That means, bail is rejected in an exceptional circumstances, to further the process of investigation, but not to frustrate the said process. When courts reject the bail Page 4 of 5 application of an accused, it visualizes that his release on bail would frustrate or hamper the process of investigation.
13. Case dairy reveals that the investigating officer during the process of investigation has seized the CCTV footage, recorded the statements of the available witnesses as well as the statements of the victims under Section 164(5) of the Cr.P.C. and also conducted T.I. parade. I have also noticed that the complainant- victim did not say anything that there were more offenders other than the present accused persons behind the commission of the crime. That indicates that all the members of the offence were arrested and booked.
14. Furthermore, the accused-petitioner in the instant bail application is an Advocate by profession and there is no chance of absconsion or evading the trial on his behalf. Prima facie, it appears that there is no chance of tampering the evidence and/or influencing the victim or witnesses to thwart the investigation.
15. I have also kept in mind the condition of the wife of the accused-person. Here, the Court is to strike a balance between the individual liberty and the societal impact.
16. In view of the above circumstances, in my opinion, the accused-person Sri Karnajit De may be released on bail.
17. Accordingly, the accused-person, Sri Karnajit De shall be released on bail on his furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned Elaka Magistrate, Agartala, West Tripura. However, the Page 5 of 5 investigating officer is given liberty to interrogate the accused- person, if he needs so for the interest of investigation and in this eventuality, the accused-petitioner shall cooperate with the investigation.
18. With the above observation and direction, the instant bail application stands allowed and thus disposed.
19. A copy of this order may be supplied to the learned counsel for the parties through e-mail or Whatsapp, duly authenticated by the Registrar (Judicial) which shall serve all practical purposes.
JUDGE suhanjit