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S. G. CHATTOPADHYAY
Md. Arkum Ali – 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 Md. Arkum Ali has approached this Court for pre arrest bail by filing an application under Section 438 of the Code of Criminal Procedure, 1973.
[2] The factual background of the case is as under:
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 present petitioner along with his brother Manfar Ali trespassed into the house of the informant in absence of the male members of her house and assaulted the grandmother of her husband who was at home at that time and after assaulting the old lady they dragged the 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.
[3] Based on the said FIR of the first informant, Kadamtala P.S Case No. 2021 KDL 028 under Sections 448 /354/326/307 read with Section 34 IPC was registered against the petitioner and the case was taken up for investigation.
[4] Apprehending arrest in the case petitioner, M
The court held that pre-arrest bail should be denied where serious allegations exist and the release of the accused could compromise ongoing investigations.
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.
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.
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 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 may be denied to ensure effective investigation and interrogation where a prima facie case exists against the accused.
The court determined that the petitioner established grounds for pre-arrest bail amidst allegations of assault.
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