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2024 Supreme(Online)(SC) 7534

ITEM NO.3 COURT NO.11 SECTION II

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 2361/2024

(Arising out of impugned final judgment and order dated 12-01-2024

in AB No. 4/2024 passed by the High Court of Tripura at Agarthala)

SRI RAYAL BARUA Petitioner(s)

VERSUS

STATE OF TRIPURA Respondent(s)

(IA No. 41213/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGEMENT

IA No. 41214/2024 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 2477/2024 (II) (IA No. 43438/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 43440/2024 - EXEMPTION FROM FILING O.T.) Date : 09-07-2024 These matters were called on for hearing today.

CORAM :

    HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Rauf Rahim, Sr. Adv. Mr. Ali Asghar Rahim, Adv. Mr. Shekhar Kumar, AOR For Respondent(s) Mr. Shuvodeep Roy, AOR Mr. Saurabh Tripathi, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
    The appeals are allowed in terms of the signed orders.
    contd.. It is directed that in the event of arrest of the appellant(s) in both the appeals, the Arresting Officer shall release them on bail subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) each with two like sureties.
    Pending application(s) shall stand disposed of.
    (NEETU SACHDEVA) (MALEKAR NAGARAJ) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Two separate signed orders are placed on the file) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2024 (@ SLP(CRL.) NO. 2361/2024) SRI RAYAL BARUA APPELLANT(S) VERSUS STATE OF TRIPURA RESPONDENT(S) O R D E R Leave granted.
    This appeal challenges the order dated 12.01.2024 passed by the High Court of Tripura at Agartala in AB No. 4 of 2024.
    Apprehending arrest in connection with crime registered pursuant to FIR No. 52 of 2023 lodged with Kanchanpur Police Station, Tripura in respect of the offences punishable under Sections 341/323/395/400/506 of Indian Penal Code, 1860, the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 (“the Code” for short).
    Said application for anticipatory bail has been rejected by the High Court vide impugned order dated 12.01.2024. Hence, instant appeal has been preferred. Contd.. By order dated 21.02.2024, while issuing notice, this Court has granted interim protection in favour of the appellant.
    We have heard learned Advocate in support of the appellant and learned Advocate for the respondent-state.
    It is submitted at the Bar that charge sheet has been filed and thereafter cognizance of the offences alleged against the appellant was taken on 22.05.2024. Learned counsel for the appellant also submitted that the appellant is co-operating with the investigation, which fact is not disputed by the learned counsel for the respondent/State.
    Considering the circumstances of the case, in our view, the appellant is entitled to the relief claimed under Section 438 of the Code.
    We, therefore, allow this appeal and set aside the order passed by the High Court dated 12.01.2024. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties.
    It is directed that the appellant shall extend complete cooperation in the ensuing trial. The appellant contd.
    shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.
    With the aforesaid directions, the criminal appeal is allowed.
    ………………………………………………………...J. ( B.V. NAGARATHNA ) …………………………………………………………..J. ( DIPANKAR DATTA ) NEW DELHI;
    JULY 09, 2024 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2024 (@ SLP(CRL.) NO. 2477/2024) SRI SURAJIT KUMAR DEB @ SUNU APPELLANT(S) VERSUS STATE OF TRIPURA RESPONDENT(S) O R D E R Leav
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