Ashish Das & Ors vs State Of Tripura

S. G. Chattopadhyay, J

[1] Apprehending arrest in East Agartala Women P.S Case No. 2021 WEA 048 registered for offence punishable under Section 306 read with Section 34 IPC, the accused applicants have preferred this application under Section 438, Cr. P.C for pre-arrest bail.

[2] The factual context of the case is as under:

Smt. Bijoy Laxmi Debbarma, woman Assistant Sub- Inspector of police lodged a suo-motu complaint with the Officer-in-Charge of her police station on 04.09.2021 alleging, inter alia, that the present petitioners who are husband and wife along with accused Smt. Panna Deb and Biswajit Deb treated Ms. Rajashree Deb with cruelty which caused severe mental distress to her and to get rid of such mental distress Ms. Rajashree Deb committed suicide. A suicidal note was recovered from the pocket of her trouser which she was wearing at the time of committing suicide and in her suicidal note the deceased held Smt. Panna Deb, Smt. Putul Deb, Sri Biswajit Deb and Ashish Das responsible for death. The complainant police officer also alleged in her suo-motu FIR that the said accused persons used to harass the deceased for not getting married which caused her depression and led her to finish her life by committing suicide. Said complaint was registered as East Agartala Women P.S Case No. 2021 WEA 048 and investigation of the case was taken up by police.

[3] Apprehending arrest in the case the applicants namely, Ashish Das and his wife Smt. Putul Deb has filed this application seeking protection from arrest and detention.

[4] Heard Mr. S. Lodh, learned advocate appearing for the applicants along with Mr. Kishalay Roy, advocate. Also heard Mr. S. Debnath, learned Addl. Public Prosecutor representing the State respondent.

[5] Mr. Lodh, learned counsel of the petitioners has taken me to the order dated 29.09.2021 passed by the Additional Sessions Judge of Agartala in Bail Application No.181 of 2021 whereby bail was granted to Smt. Panna Deb under Section 439 Cr. P.C after 25 days of her detention in custody. Counsel submits that other than Smt. Panna Deb another accused namely, Biswajit Deb has also been released on pre-arrest bail by the learned Additional Sessions Judge, Agartala by his order dated 24.09.2021 (Annexure-2 to the application) in Bail Application No.178 of 2021. Counsel submits that the present applicants namely, Sri Ashish Das and Smt. Putul Deb are also entitled to bail on the ground of parity as the other two accused of this case who were booked under same charges have been granted bail. In support of his contention Mr. Lodh, learned counsel has relied on an order dated 11.07.2005 of the Apex Court in Kamaljit Singh Vrs. State of Punjab and another; reported in (2005) 7 SCC 226 wherein the Court granted anticipatory bail applying the principle of parity observing as under:

"Heard the counsel for the parties. In the facts and circumstances of the case we are of the view that it is an appropriate case in which the application of the appellant for grant of anticipatory bail ought to have been allowed, particularly when on similar allegations the remaining two accused have been granted the benefit of anticipatory bail. In these circumstances the appeal is allowed and the appellant is directed to be released on bail in the event of arrest or surrender on his furnishing bail bonds to the satisfaction of the arresting officer or the Court, as the case may be, subject to the condition laid down in Section 438 Cr. P.C."

[6] Counsel submits that even though the applicants are close relatives of the deceased, they never lived together with her. They used to visit her occasionally. They were very affectionate to the deceased and in no manner they could be connected with the commission of her suicide. Rather, they always helped to come out of her depression.

[7] Relying on the medical prescriptions of a consultant psychiatrist and several prescriptions issued from Tripura Medical College and Dr. B. R. Ambedkar Memorial Teaching Hospital counsel submits that the deceased was a patient of chronic depression and mental illness. Counsel refers to the case history of the deceased appearing in the clinical documents issued from Tripura Medical College and Dr. B. R. Ambedkar Memorial Teaching Hospital where it has been recorded that she was of irrational conduct and abnormal behaviour and she was aggressive to her mother and non-cooperative to her friends and hospital staff. Counsel submits that the medical documents go to show that she had been suffering from such mental illness from before 2009. It is contended by the counsel of the petitioners that her chronic mental depression led her to commit suicide for which no one including the petitioners can be held responsible. It is also contended by Mr. Lodh, learned advocate that applicants, Ashish Das is a decorator by occupation and his wife Smt. Putul Deb is a government employee. If accused Ashish Das is arrested and detained in custody, his business during the festive season will be spoilt and in the event of arrest of his wife Smt. Putul Deb, her service career will be jeopardized. Counsel also submits that they have a minor daughter at home and in the event of their arrest there will be none at home to look after the minor daughter. Counsel submits that abatement has a wider meaning which involves a mental process of instigating a person or intentionally aiding such person for doing a thing for which evidence is necessary to show that a very active role was played by the applicants in instigating or aiding the deceased to commit suicide. Counsel submits that there is no such evidence against the applicants that they had played such role leading to the commission of suicide by the deceased. Counsel therefore, urges the court for granting pre-arrest bail to the applicants.

[8] Heard Mr. S. Debnath, learned Additional Public Prosecutor appearing for the State respondent. Mr. Debnath refers to the suicidal note of the deceased contained in the case diary and submits that in her suicidal note, the deceased has held the applicants responsible for her suicide. Counsel submits that in her suicidal note, she has clearly stated that applicants made her life miserable by abusing her, as a result of which she finished her life. It is also contended by Mr. Debnath that she has clearly stated in her suicidal note that present applicant Smt. Putul Deb and bailed out accused Smt. Panna Deb used to treat her as a maid servant for which she finished her life. Counsel therefore, submits that Smt. Putul Deb, one of the applicants herein is not entitled to the extra ordinary relief of pre-arrest bail. Counsel further submits that Smt. Panna Deb was granted bail by the learned Additional Sessions Judge under Section 439 Cr. P.C in view of her prolonged detention in custody. The other accused was granted bail by the learned Sessions Judge mainly on the ground of his critical illness who preferred bail application after he was admitted in a hospital at Kolkata for surgery. Counsel therefore, submits that the principle of parity will not apply in the case of the present applicants. Counsel urges the Court to take into consideration the seriousness of the offence and involvement of the applicants in the said offence and reject their bail applications.

[9] Considered the submissions of the counsel of the parties. Perused the case diary particularly, the statements of the mother and brother of the deceased. There is nothing on record that the deceased ever attempted commission of suicide even though she was undergoing mental depression and receiving treatment from psychiatrist. In the alleged suicidal note she has clearly stated that Smt. Panna Deb and Smt. Putul Deb used to treat her as a maid servant and made her life miserable. The investigating agency is verifying the authenticity of the suicidal note. Examination of the witnesses acquainted with the facts of the case is also in progress. As observed by the Hon'ble Apex Court in the judgment relied on by the counsel of the petitioners, the principle of parity as pointed out by learned counsel would apply only when the similarly situated accused booked under similar charges are granted bail. In the present case, the suicidal note of the deceased as well as the statement of the witnesses particularly those of the mother and brother of the deceased have made out a strong prima facie case against applicant Smt. Putul Deb. Though the charge is same against her, incriminating materials collected during investigation are heavier against her. The materials demonstrate that the deceased was her brother's daughter. Since the family of the deceased had no income, they were dependent of the applicant who is an earning woman and, as such, the applicant Smt. Putul Deb had control over the whole family of the deceased. In this situation, the role of applicant Smt. Putul Deb in the commission of suicide of the deceased has to be verified by a full and fair investigation of the case. I am convinced that her release on pre-arrest bail is likely to affect a full and fair investigation because witnesses are her relatives and vulnerable to her influence. The suicidal note and statements of the witnesses recorded during investigation cannot be ignored simply for the reason that the victim was a patient of mental depression. This is a case in which a young and helpless woman committed suicide under miserable circumstances. Therefore, a thorough investigation in the case is necessary.

[10] Considering all these aspects, bail application of Smt. Putul Deb is rejected. In view of the materials available on record, pre-arrest bail is granted to Ashish Das. In the event of his arrest or surrender Sri Ashish Das shall be released on bail on his furnishing a bail bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the Investigating Officer or the Court, as the case may be, subject to the following conditions:

(i) He will not meet any member of the family of the deceased or try to influence any of the witnesses of this case in any manner directly or indirectly.

(ii) He will meet the Investigating Officer as and when called for.

(iii) He will not leave the State without prior approval of the Investigating Officer during investigation of this case.

[11] In terms of the above, the bail application is partly allowed and disposed of. Return the Case diary.