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S. G. CHATTOPADHYAY
Darshan Chakma – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
[1] This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C. hereunder) for granting pre -arrest bail to the present petitioners in the event of their arrest in Natun Bazar P.S. case No. 2021/ NTB/011 which has been registered under Sections 148 , 145, 341, 307, 323, 325 read with Section 506 IPC.
[2] Heard Mr.H.Debnath, learned counsel who is appearing for the petitioners and Mr.Ratan Datta, learned PP who is representing the state respondent.
[3] On the factual score, case was registered on the basis of FIR lodged by one Sanjay Chakraborty, son of late Haradhan Chakraborty with the Officer in charge of Natun Bazar P.S on 12.04.2021 wherein said Sanjay Chakraborty alleged that the present petitioners along with their associates attacked him in his house at about 4 O’clock in the afternoon of 12.04.2021 with deadly weapons with the intention of killing him. As a result of their assault, the informant and his family members received multiple injuries. The injury of the informant was so fatal that he lost his sense at the spot. Police rescued him and brought him to hospital where he received a prolonged treatment for recovery. The other in
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 may be granted when petitioners comply with court conditions, despite serious charges, provided no misuse of liberty is demonstrated.
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.
The court emphasized the absence of specific allegations against the first petitioner and validated her defense while granting pre-arrest bail.
Court granted pre-arrest bail to accused, stressing absence of evidence and imposing strict conditions on their release.
The necessity of custodial interrogation and lack of cooperation in the investigation can be grounds for declining pre-arrest bail, and successive anticipatory bail applications should not be enterta....
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.
Pre-arrest bail can be granted when custodial interrogation is deemed unnecessary and the accused have no criminal antecedents.
Granting of anticipatory bail under Section 438 Cr.P.C. based on the entirety of facts and circumstances.
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