AB/181/2013 of Rupan Debnath And 3 Ors. Vs State Of Tripura on 11 December 2013

Party Name : Rupan Debnath And 3 Ors. Vs State Of Tripura THE HONBLE MR. JUSTICE S.TALAPATRA THE HONBLE MR. JUSTICE S.TALAPATRA

Heard Mr. R. Dutta, learned counsel appearing for the petitioners as well as Mr. A. Ghosh,learned P.P. for the State. This is a petition under Section 438 of the Cr.P.C. for grantingpre-arrest bail to the petitioners in connection with Birganj P.S. case No.133 of 2013 underSections 392/323/341 of the I.P.C. The allegation against the petitioners is that the son ofthe complainant, Md. Mafiz Miah was detained by the people at Amarpur motor stand andthereafter, taken to the residence of one, Sunil Saha where he was seriously assaulted bythe petitioners. It has been further alleged that a sum of Rs.1,000/- (Rupees one thousand)was taken out from him. Based on the said complaint, the said case has been registered andtaken up for investigation. Mr. R. Dutta, learned counsel appearing for the petitioners hassubmitted that the police has been running after the petitioners even though the petitionersare entirely innocent. Mr. A. Ghosh, learned P.P. appearing for the State has submitted thathe has the instruction to submit that a communal tension had been unleashed in the wakeof the occurrence of kidnapping by the son of the informant. Be that as it may, this Court isof the considered opinion that the petitioners be released on pre-arrest bail. Hence, in theevent of the arrest of the petitioners, namely, (i) Sri Rupan Debnath (ii) Sri Suman Hazari(iii) Sri Manik Lal Saha & (iv) Sri Bijoy Lal Saha in connection with Birganj P.S. case No.133of 2013 under Sections 392/323/341 of the I.P.C., they shall be released on bail onfurnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) each, supported by onesurety of the like amount to the satisfaction of the arresting authority, subject to thecondition that the petitioners shall report to the Investigating Officer on 16.12.2013 whenthe Investigating Officer would be at liberty to examine or interrogate the petitioners.Thereafter, the petitioners shall report to the Investigating Officer once in a week for thenext 6(six) months. Apart that, the petitioners shall not leave their ordinary places ofresidence without giving prior intimation to the Investigating Officer nor they shall try toinduce any person having the knowledge of the circumstances related to the investigation.Accordingly this petition stands allowed and disposed of.