Abdul Rob vs State Of Tripura

Arindam Lodh, J

Heard Mr. Sankar Lodh, learned counsel appearing for the accused-applicant who has been in custody for the last few days in connection with Kadamtala P.S. Case No.2023 KDL 070 under sections 279 and 338 of IPC and Sections 184 and 187 of the Motor Vehicles Act and added Section 304 Part-II of the India Penal Code.

Also heard Mr. Raju Datta, learned P.P. appearing for the respondent-State.

The fact of the case, as stated and alleged in the FIR, is that, the accused was driving his EV Auto Rikshaw rashly and negligently which resulted in death of a young boy who fell out from his Auto Rikshaw. Another lady who was expecting also suffered injury. The accused-applicant previously approached this court with an application for granting anticipatory bail, but the said pre-arrest bail application was disposed on 05.01.2024 as withdrawn. Thereafter, on instructions, the accused-applicant had surrendered before the learned Chief Judicial Magistrate, North Tripura, Dharmanagar on 29.01.2024 and since then he is in custody.

Mr. Lodh, learned counsel for the accused-applicant submits that the offence should not come within the purview of Section 304 Part II, rather it should be under Section 304A of IPC.

Without entering into the merits of the case, considering the fact that the accused-applicant is in custody for the last two weeks as per instruction of this court, this court is of the opinion that he may be released on bail.

Mr. Lodh, learned counsel for the accused-applicant submits that the applicant will give an undertaking that he will not drive his vehicle rashly and negligently in future.

In the light of above directions, the accused-applicant, namely Abdul Rob is directed to be released on bail on furnish a bail bond of Rs.1,00,000/-(Rupees one lakh) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, North Tripura, Dharmanagar.

The accused-applicant shall appear before the investigating officer thrice a week to cooperate with the process of investigation. The Officer in-charge, Kadamtala Police Station is directed to keep a strong vigilance upon the accused-applicant if he drives the vehicle rashly in the days to come.

In terms of above direction, the instant bail application stands allowed and thus disposed of.