Advocates:
['RAJIB SAHA', '', 'Mr R G CHAKRABORTY', 'Mr U DAS', 'KISHALAY ROY', 'Mr S DAS', 'Mr S KAR BHOWMIK', 'PP']

Page 1 of 5

HIGH COURT OF TRIPURA

AGARTALA

BA NO.86 OF 2020

Puja Majumder on behalf of Accd. Karnajit De.

Vs.

State of Tripura.

For Petitioner(s)

:

Mr. S. Kar Bhowmik, Adv.

For Respondent(s)

:

Mr. R. Datta, P.P.

HON’BLE MR. JUSTICE ARINDAM LODH

Order

24/08/2020

Heard Mr. S. Kar Bhowmik, learned counsel appearing for

the petitioner as well as Mr. R. Datta, learned P.P. appearing for the

State respondent through video-conferencing.

2.

Mr. Datta, learned, P.P. has produced the case dairy

before this Court in advance.

3.

I have perused the case diary.

4.

The accused-Karnajit De was arrested in connection

with NCC Police Station Case No.2020 NCC 106 under Section

323/353/506/34 IPC and Section 3(2) (i) of Epidemic Diseases

Amendment Act, 2020 read with Section 3 of the Tripura Medicare

Service Persons and Medicare Service Institution (Prevention of

Violence & Damage Property) Act, 2013 with the allegation of

spitting upon the doctors and for causing obstacles in the discharge

of their official duties and function at the Bhagat Singh Covid Care

Centre Agartala.

Page 2 of 5

5.

Mr. Kar Bhowmik, learned counsel submits that the

accused-person was arrested on 5^th August, 2020 and he has been

in custody since then. During his custody, the accused-person was

subjected to Test Identification Parade (TIP). Accordingly, it was

conducted in accordance with law, which is evident from the case

dairy. All the accused-persons were produced before the victim-Dr.

Sangita Chakraborty and others, and they had been able to identify

the accused-persons including the present accused-person herein.

6.

Mr. Kar Bhowmik, learned counsel submits that the wife

of the accused-person is carrying almost nine months’ pregnancy,

and, on earlier occasion, the wife had suffered an accidental

discharge of pregnancy. The learned counsel further submits that in

this situation, the wife of the accused needs his proper care for the

safe birth of the baby in the womb.

7.

From the case dairy, it is found that the investigation is

almost complete.

8.

The investigation of a cognizable offence and the

various stages thereon, including the interrogation of the accused-

person is exclusively reserved for the investigating agency, whose

powers are unfettered, so long as the investigating officer exercises

his investigating powers.

9.

The object and purpose of detention of an accused is to

ensure that the investigating agency book the offenders to unearth

the truth involved in the crime through the established procedure of

investigation embodied in the criminal justice system. A civic

Page 3 of 5

society, and particularly, in the perspective of the present COVID-

19 pandemic situation, the doctors and the health workers,

including all related frontline fighters have “fundamental” and

“human” right to work and live in an atmosphere free from any kind

of psycho-fear, threat, danger or insecurity at the hands of the

victims of the present situations in any place or places, be it in

hospitals or outside hospitals. No doubt, a COVID-19 infected

citizen-patient suffers from mental trauma and other adversarial

factors. Here, the Court is to strike a balance between the personal

liberty of a citizen/patient as enshrined in Article 21 of the

Constitution of India and the society, which is the biggest

stakeholder in the administration of criminal justice system.

10.

Keeping in mind the above factors, I shall proceed to

decide the present bail application.

11.

This Court could remember that the accused-person

first approached this Court with a petition for anticipatory bail. But,

before passing any order in that petition, he was arrested on 4^th

August 2020. On being produced before the Court on the same day,

his bail application was allowed by the Magisterial Court, which was

rejected by th