Ershed Ali vs State Of Tripura

Heard Mr. S. Sarkar, learned counsel appearing for the accused-petitioner as well as Mr. Ratan Datta, learned PP appearing for the State-respondent.

This is an application filed under section 438 Cr.P.C. for granting pre-arrest bail to the accused-petitioner, who is wanted in connection with Khowai PS case No. 33 of 2020 under sections 326/307/34 of the IPC.

Mr. S. Sarkar, learned counsel appearing for the accused-petitioner has submitted that the accused-petitioner was politically targeted. One of the accused, Lal Banu also filed a case against the son of the complainant of the instant case and others, but, the police did not investigate the case and, as a last resort they had to approach the Superintendent of Police, West Tripura for redress. Thereafter only the police has registered a case against the assailants i.e. the son of the complainant of the present case and others.

I have perused the case diary as submitted by Mr. Ratan Datta, learned PP.

In the instant case, what I find is that, some of the persons who have entered into the house of Hannan Miah, one of the accused in this case, had suffered grievous injuries on his person. It is mentioned in the FIR that two persons were attacked by the accused-petitioner and another, namely, Hannan Miah due to which they have suffered grievous injuries.

In such a situation, in my opinion, this is not a fit case for granting anticipatory bail to the accused-petitioner.

Accordingly, the instant application stands dismissed.

However, the accused-petitioner may surrender before the learned trial court of appropriate jurisdiction. The learned trial court after perusal of the record and after considering all aspects will decide the bail application, if any filed by the accused-petitioner.

Return back the case diary.