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2019 Supreme(Tri) 37

ARINDAM LODH
Badal Choudhury, S/o. Late Debendra Kumar Choudhury – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Petitioner:Mr. Bikash Ranjan Bhattacharjee, Sr. Adv., Mr. S.K. Deb, Sr. Adv., Mr. P. Roy Barman, Advocate, Mr. H. Debnath, Mr. A. Bhattacharjee, Ms. R. Guha, Ms. R. Purakayastha, Mr. T.D. Majumder, Mr. S. Lodh, Mr. R. Mukherjee, Mr. Samarjit Bhattacharjee, Mr. K. Nath, Mr. D.P. Ghosh.
For the Respondent:Mr. A.K. Bhowmik, Advocate General, Mr. Ratan Dutta, P.P., Mr. Raju Datta, Advocate.

JUDGMENT :

The accused person, Sri Badal Choudhury, is an ex-minister and presently, a Member of the Legislative Assembly. Mr. Choudhury has been arrested in connection with West Agartala PS Case No.2019 WAG 251 registered under Section 409, 418, 420, 201, 120B of the Indian Penal Code and Section 13 of the Prevention of Corruption Act, 1988. This application under Section 439 CrPC has been filed by Smt. Namita Gope, wife of the accused person, for releasing him on bail.

2. From the FIR dated 13.10.2019 it is revealed that there are two other accused persons, namely, Sri Yashpal Singh, IAS, former Chief Secretary and Principal Secretary, Public Works Department under the Government of Tripura and Sri Sunil Bhowmik, former Chief Engineer, Public Works Department under the Government of Tripura.

3. The essential facts of the case, for purpose of consideration of the present bail application, are as follows:

    3.1. A complaint was lodged by SI Badal Dutta of the Vigilance Organization, Government of Tripura on 13.10.2019 which was registered as formal FIR, as aforestated. It is stated that a vigilance enquiry was conducted during which major wrongdoings and criminal conspiracy came to light

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