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HIGH COURT OF TRIPURA
AGARTALA
AB 21/2024
Sadek Miah and anr. ----Applicant(s)
Versus
The State of Tripura ----Respondent(s)
For Petitioner(s) : Mr. S. Lodh, Advocate
For Respondent(s) : Mr. S. Ghosh, Addl. PP
TICE ARINDAM LODH
HON’BLE MR. JUS
Order
31/05/2024
Heard Mr. S. Lodh, learned counsel appearing for the
accused-applicants, namely, Sadek Miah and Mithun Miah. Also
heard Mr. S. Ghosh, learned Additional PP appearing for the
respondent-State.
This is an application filed under section 438 Cr.P.C. for
granting pre-arrest bail to the accused-applicants, who are
wanted in connection with Sonamura PS case No. 2024 SNM 045,
registered under sections 447, 302 and 34 of the IPC.
Mr. Lodh, learned counsel appearing for the applicants has
submitted that the applicants are in no way connected with the
alleged offence. It is further submitted that the applicants are
permanently residing within the jurisdiction of this court and they
will not abscond or tamper the evidence and will also not evade
the trial.
On the other hand, learned Additional PP has produced the
case diary and has strongly opposed the bail prayer.
I have perused the case diary as produced by the learned
Additional Public Prosecutor. I have also perused the case record.
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I am prima facie of the opinion that the offence, as alleged,
against the applicants can at best come under the purview of
Section 304 Part II of the IPC. However, the matter is required to
be tried by the competent court. Since it is not the stage of
imposing punishment to the applicants, I am inclined to release
the applicants on anticipatory bail.
Accordingly, it is ordered that in the event of arrest, the
Sadek Miah and Mithun Miah
accused-applicants, namely, ,
shall be released on pre-arrest bail, on furnishing bond of Rs.
50,000/- each supported with one surety each of the like amount
to the satisfaction of the Arresting Authority.
It is further directed that the applicants shall report to the
Investigating Officer twice in a week and shall co-operate with
the process of investigation. Further, it is directed that none of
the applicants shall leave the jurisdiction of Sepahijala District
without prior permission of the Investigating Officer.
With the above direction, the instant application stands
allowed and thus disposed of.
Return back the case diary
JUDGE
Digitally signed by SAIKAT KAR
SAIKAT KAR
Date: 2024.05.31 15:51:33
+05'30'