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HIGH COURT OF TRIPURA
Mr. Justice Arindam Lodh, J
Smt. Gouri Debnath (Podder) and Anr. – Appellant
Versus
The State of Tripura – Respondent
JUDGMENT :
ARINDAM LODH, J.
This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting anticipatory bail to the accused-applicants, namely Smt. Gouri Debnath(Podder) and Smt. Dipu Debnath since they are under serious apprehension that they will be arrested in connection with Ranirbazaar Police Station crime No.2024 RNB 028, registered under Sections 96 and 49 of the Bharatiya Nyaya Sanhita, 2023 and added Section 65(1) of BNS , 2023 and Section 4(1) of the POCSO Act.
2. The prosecution case as emanated from the F.I.R., briefly stated, is that on 10.11.2024 at about 1600 hours the complainant namely Krishna Chakraborty dropped his minor daughter, the victim (name withheld) at Ranirbazar near cattle market in order to go to her private tutor's house. After about 10/15 minutes of his return to his house, the private tutor of the victim had informed the complainant that his daughter (victim) did not come to his house for private tuition. On being so informed, the complainant looked for his daughter (victim) and later on, he came to know that Sri Gopal Debnath had forcefully kidnapped his minor daughter (victim) for illegal purpose and/or commit
Anticipatory bail should be granted cautiously, especially when a warrant of arrest is issued, and the absence of evidence supporting forcible abduction can justify its approval.
Criminal Law - Seeking to grant anticipatory bail - Section 438 Cr.P.C. protects the right to life and personal liberty of such persons by providing them with a remedy against frivolous detention. In....
Anticipatory Bail Application has to be based on concrete facts and not vague or general allegations relatable to offence and why applicant reasonably apprehends his or her arrest, as well as his ver....
Bail should not be granted in grave offences against minors.
The main legal point established in the judgment is the importance of considering the nature and gravity of the accusations, the role of the accused, and the likelihood of tampering with evidence or ....
Anticipatory bail should be denied in serious cases where custodial interrogation is essential for justice and the safety of the victim is at risk.
The court emphasized the need for a balance between individual liberty and societal interest in granting anticipatory bail, considering the nature and gravity of the accusations, the accused's antece....
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