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S. G. CHATTOPADHYAY
Khela Begam – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
[1] Anticipating arrest in Kadamtala P.S Case No.2021 KDL 028 under Sections 448 /354/326/307 read with Section 34 IPC FIR named accused Mst. Khela Begam and Mst. Samia Begam have approached this Court for pre arrest bail by filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Cr. P.C).
[2] The factual background of the case is as under:
The informant lodged a written FIR with the Officer-in-Charge of Kadamtala Police Station in North Tripura alleging, inter alia, that on 23.05.2021, at about 11.30 am accused Manfar Ali and his brother Akram Uddin trespassed into the house of the informant in absence of the male members of her house and outraged her modesty by trying to disrobe her. They also assaulted the grandmother of her husband who was at home at that time and after assaulting the old lady they dragged the first informant to the courtyard of her house by catching hold of her hands and thereafter brutally assaulted her with deadly weapons with an intention to kill her. At that time the present accused petitioners Mst. Khela Begam and Mst. Somia Begam also joined them in committing assault on the first informant.
[3] Based on the said FIR of the
Custodial immunity may be provided in pre-arrest bail applications when circumstances support the rights of the accused, especially when they are women facing serious allegations.
The court held that pre-arrest bail should be denied where serious allegations exist and the release of the accused could compromise ongoing investigations.
The exclusion of pre-arrest bail under Section 438(4) Cr.P.C. is not absolute; it does not apply when no prima facie case is made against the accused.
Court granted pre-arrest bail based on lack of criminal antecedents and absence of overt acts attributed to the accused.
Pre-arrest bail can be granted if the court finds that the circumstances do not warrant the detention of the accused while ensuring cooperation in the ongoing investigation.
The court emphasized the absence of specific allegations against the first petitioner and validated her defense while granting pre-arrest bail.
Pre-arrest bail may be granted where allegations are general against a co-accused, despite specific allegations against another.
Matrimonial disputes are private conflicts and generally do not constitute public offenses warranting pre-arrest detention.
The main legal point established in the judgment is the grant of pre-arrest bail in a case involving sexual offences based on the prima facie assessment of the nature of the alleged offence.
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