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S. G. CHATTOPADHYAY
Ramu Saha @ Ramdas Saha – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. Since these applications arise out of the same occurrence, they are taken up together for hearing and disposal by a common order.
2. Petitioners are accused in East Agartala PS case No.2021EAG160 registered under sections 341,325,384,307 read with section 34 IPC and section 25(1)(d) of the ARMS ACT , 1959.
3. Apprehending arrest in the case, they have filed these applications seeking pre arrest bail under section 438 Cr.P.C.
4. Heard Mr. S. Lodh, learned counsel appearing for the petitioners. Heard Mr. S.S. Dey, learned Advocate General as well as Mr. R. Datta, learned P.P representing the State.
5. The Factual context of the case is as under:
One Subrata Kar, son of Late Swapan Kumar Kar of Dhaleswar, Agartala lodged a written FIR with the officer in charge of East Agartala police station alleging, inter alia, that on 21.11.2021 at about 8 O' clock in the night when he was crossing the road adjacent to Gedu Miah Masjid at Shibnagar on his motor bike, accused petitioner Nipu Ghosh detained him at the point of his pistol and snatched away a gold chain weighing about 15gm from his neck. The other three petitioners namely Debu Ghosh, Ramu Saha and Sajal Bardhan who were then acc
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 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.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
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.
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
Anticipatory bail should be granted sparingly in serious offences, balancing individual rights with the need for a fair 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.
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