Tripura High Court
Abhijit Dey & 2 Ors vs The State Of Tripura on 7 May, 2018
Equivalent citations: AIRONLINE 2018 TRI 127
Author: S. Talapatra
Bench: S. Talapatra
HIGH COURT OF TRIPURA
AGARTALA
A.B. No.42 of 2018
Abhijit Dey & 2 Ors.
-----Petitioner (s)
Versus
The State of Tripura
----Respondent(s)
For Petitioner (s) : Mr. K. Nath, Adv.
For Respondent(s) : Mr. B. Choudhury, P.P.
HON'BLE MR JUSTICE S. TALAPATRA
Order
07.05.2018
Heard Mr. K. Nath, learned counsel appearing for the petitioners as well as Mr. B. Choudhury, learned P.P. appearing for the State.
This is an application for granting pre-arrest bail to the petitioners in connection with West Agartala Women P.S case No.2018 WAW 023 dated 14.04.2018 under Sections 498-A/307/328/323/34 of the IPC.
It has been alleged in the complaint that the petitioner No.1, namely Sri Abhijit Dey, the petitioner No.2, namely Sri Raju Dey and the petitioner No.3, namely Smt. Mousumi Banik collaborated each other in an attempt to kill the wife of the petitioner No.1, namely Sampa Roy. It appears further that the victim was allegedly tortured several times on demand of money. From the materials so far collected by the police, it appears that there are some materials against the accused persons.
Mr. Nath, learned counsel appearing for the petitioners has submitted that the petitioner No.2, Sri Raju Dey is an government employee whereas the petitioner No.3, Smt. Moushumi Banik is the mother of a minor child, namely Rupasmita Dey who is suffering from congenital cardiac disease. The child requires the cardiac surgery. As such, without the aid of the petitioner No.3, it would be difficult for the said minor child to survive. Page 2 of 2
Mr. Choudhury, learned P.P. appearing for the State has vehemently opposed such prayer for pre arrest bail. He has particularly pointed out to one statement of a close relative wherefrom it surfaces how the victim was tortured on the fateful day of occurrence.
Having perused the case diary and appreciated the submissions made by the learned counsel appearing for the parties, this court is of the view that the pre-arrest bail in respect of the petitioner No.1 cannot be granted. Accordingly, the same is rejected. However, this court is inclined to grant the pre-arrest bail in faovur of the petitioners No.2 & 3, namely Sri Raju Dey and Smt. Moushumi Banik in connection with West Agartala Women P.S case No.2018 WAW 023. Hence, in the event of arrest of the petitioners No.2 & 3, they shall be released on bail on furnishing a bail bond of `30,000/- supported by 1[one] surety each to the satisfaction of the arresting officer, subject to condition that they should not try to interfere with the investigation in any manner. That apart, the petitioners No.2 & 3 shall not coerce or influence any witness seized of information, relevant for this investigation.
Having observed thus, this petition stands partly allowed. The case diary as produced is returned.
JUDGE Sujay