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HIGH COURT OF TRIPURA
AGARTALA
AB No.54 of 2024
Sri Pankaj Debnath
S/o: Lt. Hirala Debnath of East Howaibari,
P.S.: Teliamura,
District: Khowai Tripura.
[[
Applicant(s)
….
Versus
The State of Tripura
[[
….Respondent(s)
For the Applicant(s) : Mr. S.B. Debnath, Advocate
For Respondent(s) : Mr. Raju Datta, P.P.
Mr. S. Ghosh, Addl. P.P.
MR. JUSTICE ARINDAM LODH
HON’BLE
Order
08/10/2024
Heard Mr. S.B. Debnath, learned counsel appearing for the accused-
applicant. Also heard Mr. Raju Datta, learned P.P. appearing for the
respondent-State.
The applicant has filed the present application for releasing him on
anticipatory bail under Section 438 of Cr.P.C since he is under serious
apprehension that he will be arrested in connection with Teliamura Police
Station crime No.2023 TLM P.S. 77 (IPC) registered under Sections
326/307 of IPC.
According to the prosecution story, Teliamura PS case no.77/2023 has
been registered against the accused-applicant for allegedly committing
offence under Sections 326/307 of IPC. The complainant by filing the
alleged complaint stated inter alia that on 24.10.2023 at about 2 a.m. at
night, the nephew of the complainant namely, Santanu Das was standing in
front of the gate of his house. During that time, the accused was going to
Khowai from Teliamura side by riding his motor vehicle and without any
reason he stopped his motor vehicle on the road and started to stab
repeatedly upon the nephew of the complainant by using knife with an
intention to kill him. As a result, the entire intestine came out from the
abdomen and the nephew of the complainant fell on the road in a pool of
blood. Thereafter, the accused person is absconded.
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From the F.I.R., it is revealed that the incident had occurred about a
year back. From the case diary, it reveals that the investigation is almost
completed. The victim himself is the injured witness.
In my opinion, this is not the stage of punishment. Since the injured
victim is alive and capable of deposing himself in the witness box, on his
sole testimony during trial the accused person may be convicted.
In view of this, in my opinion, this is a fit case for granting
anticipatory bail to the applicant.
Accordingly, it is ordered that in the event of arrest, the applicant
namely, Sri Pankaj Debnath shall be released on bail on furnishing a bond of
Rs. 50,000/- with one surety of the like amount to the satisfaction of
Investigating Officer. However, it is further directed that the applicant shall
appear before the Investigating Officer thrice in a week. The Investigating
Officer is given liberty to interact with the applicant at any length, if he so
desires. It is further directed that the accused person shall not leave the
jurisdiction of the Khowai Sessions Court without prior permission of the
Investigating Officer.
With the aforesaid observations and directions, the instant anticipatory
bail application stands allowed and disposed.
JUDGE
Snigdha
SANJAY
Digitally signed by
SANJAY GHOSH
GHOSH Date: 2024.10.08
17:19:04 +05'30'