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S. G. CHATTOPADHYAY
Chiranjit Das @ Jay – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
[1] This bail application has been filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C. hereunder) for granting pre -arrest bail to the petitioners who are FIR named accused in Kakraban P.S. case No.37 of 2021 under Sections 457 , 325, 427, 384 read with Section 34 IPC which has been registered on the basis of the FIR lodged by Smt. Sibani Chakraborty (Roy) of Rajarbag, Udaipur.
[2] The informant lodged the FIR with the Officer –incharge, of Kakraban Police Station on 12.06.2011 alleging, inter alia, that on 11.06.2011 at around 10 O’clock in the night, the petitioners broke open the gate of the dwelling house of the informant and they first entered into the Puja room of the house where they damaged the articles including the electric bulbs. Thereafter, they entered into the bed room of the elder brother of the informant and assaulted him. As a result of their assault, the elder brother of the informant received multiple injuries in his body. Allegedly, the petitioners did not even spare the old and ailing mother of the informant who came to save the life of her son. The old lady was also assaulted by the petitioners. After committing assault on the elder
Pre-arrest bail cannot be granted when serious allegations exist, with a prima facie case established, and risks of witness tampering identified at the investigation stage.
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.
The main legal point established in the judgment is that the nature of injuries sustained and the presence of a case and counter case can be influential factors in granting pre-arrest bail.
Pre-arrest bail requires careful consideration of the severity of charges and potential impact on ongoing investigations, emphasizing the necessity of maintaining evidentiary integrity.
Pre-arrest bail is justified when allegations are general and injuries sustained are assessed as simple.
The court determined that pre-arrest bail is justified due to insufficient evidence for custodial interrogation.
Pre-arrest bail may be granted when petitioners comply with court conditions, despite serious charges, provided no misuse of liberty is demonstrated.
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