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S. G. CHATTOPADHYAY
Mohammad Ali – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
[1] This application under section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder) was filed for granting pre arrest bail to the petitioners in the event of their arrest in connection with Natun Bazar P.S case No. 2021/NTB/011 which was registered under sections 148, 149, 341, 307, 323, 325 and 506 IPC.
[2] The matter was first heard on 23.06.2021 and after hearing the counsel of the petitioners as well as the Public Prosecutor, petitioners were granted pre-arrest bail for an interim period on the following conditions:
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i). They will appear before the investigating officer at Natun Bazar police station within two days to face interrogation by I.O.
ii). They will record their appearance before the investigating officer at least twice in a week until further order.
iii). They will extend the fullest cooperation to the investigating officer for the purpose of early completion of the investigation.
[3] The matter was again heard on 14.07.2021 when the interim protection granted to the petitioners was extended till date by order dated 14.07.2021 which reads as under:
“[1] Heard Mr. A. Acharjee, learned counsel appearing for the pe
Pre-arrest bail may be granted when petitioners comply with court conditions, despite serious charges, provided no misuse of liberty is demonstrated.
Anticipatory bail may be granted in non-bailable offenses when no prima facie case is established, especially if lesser charges are bailable.
Pre-arrest bail was denied due to serious charges against the petitioners and sufficient prima facie evidence necessitating their arrest to ensure a fair investigation.
Anticipatory bail can be granted based on the presumption of innocence and the need to prevent unjustified detention, considering the specific facts of each case.
Anticipatory bail is an extraordinary remedy that must be justified by circumstances, balancing the rights of the accused against the interests of justice and effective investigation.
Lack of substantial evidence linking the accused to the crime justifies granting pre-arrest bail under Section 438, ensuring individual liberty is protected against unwarranted arrest.
The central legal point established in the judgment is the grant of anticipatory bail under Section 438 Cr.P.C. based on the compromise reached by the parties and the facts and circumstances of the c....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the petitioner's cooperation with the investigation and without expressing any opinion on the merits of the case.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the petitioner's cooperation with the investigation agency and lack of requirement for further custodial interrogation.
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