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HIGH COURT OF TRIPURA
AGARTALA
AB 22/2024
Raju Malakar @ Samarjit Malakar ----Applicant(s)
Versus
The State of Tripura ----Respondent(s)
For Petitioner(s) : Mr. Alik Das, Advocate
For Respondent(s) : Mr. Raju Datta, PP
R. JUSTICE ARINDAM LODH
HON’BLE M
Order
31/05/2024
Heard Mr. Alik Das, learned counsel appearing for the
accused-applicant, namely, Raju Malakar @ Samarjit Malakar.
Also heard Mr. Raju Datta, learned 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-applicant, who is wanted
in connection with Teliamura PS case No. 2024 TLM 031
registered under sections 279/304(Part-II) of the IPC and section
177/178 of the MV Act.
Mr. Das, learned counsel appearing for the applicant has
urged before this court to enlarge the applicant on bail. It is
further submitted that the applicant is permanently residing
within the jurisdiction of this court and he will not abscond or
tamper the evidence and will also not evade the trial.
On the other hand, learned PP has opposed the bail prayer.
I have perused the case record.
Prima facie, I am of the opinion that out of negligence the
accident may occur. However, the matter is required to be tried
by the competent court. Since it is not the stage of imposing
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punishment to the applicant, I am inclined to release the
applicant on anticipatory bail.
Accordingly, it is ordered that in the event of arrest, the
accused-applicant, namely, Raju Malakar @ Samarjit Malakar,
shall be released on pre-arrest bail, on furnishing bail bond of Rs.
50,000/- supported with one surety of the like amount to the
satisfaction of the Arresting Authority. However, the applicant
shall appear before the Investigating Officer once in a week and
shall co-operate with the process of investigation.
With the above direction, the instant application stands
allowed and thus disposed of.
JUDGE
Digitally signed by SAIKAT KAR
SAIKAT KAR
Date: 2024.05.31 15:52:32
+05'30'