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2022 Supreme(Tri) 26

S. G. CHATTOPADHYAY
Supradip Das – Appellant
Versus
State of Tripura – Respondent


Advocates appeared:
Mr. S. Lodh, Advocate, for the Petitioner; Mr. S. Ghosh, Addl. Public Prosecutor, for the Respondent

JUDGMENT

1. Heard Mr. Sankar Lodh, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned Addl. Public Prosecutor representing the State.

2. Petitioner is an accused in Birganj P.S Case No.2022/BRG/002 which has been registered for commission of offence punishable under Sections 376 , 313, 506, 509, 323 read with Section 34 IPC. Apprehending arrest in the case, petitioner has filed this application under Section 438 Cr.P.C for granting pre-arrest bail to him.

3. The case was registered on the basis of the written FIR lodged by the victim of this case wherein she alleged that the accused is a neighbour of her. Father of the accused had a very good relationship with her father and the family members of the accused including the accused used to visit their house regularly. The accused and the victim thus developed an intimacy. On 15.09.2021 accused came to her house and gossiped with her over a long period of time. The other house inmates were away from home at that time. Taking the opportunity, accused committed rape on her. When she divulged the incidence to her guardians, they called the parents of the accused. Father of the accused in a village meeting assured

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