Jhulan Das vs State Of Tripura

Heard Mr. Raju Datta, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned Addl. 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 in connection with RK Pur Women PS case No. 33 of 2019 under Sections 498A/304(B)/109/34 of the IPC.

Mr. Raju Datta, learned counsel appearing for the petitioner has submitted that all the members of the inlaws of the victim have already been enlarged on bail by order dated 05.08.2019 passed by this court.

I have perused the case diary as submitted by Mr. S. Ghosh, learned Additional PP.

In the FIR it is stated that on 10.07.2019 in the morning at around 9 o'clock, the accused-petitioner being the husband and other inlaws of the house by closing the door of the room and on fastening hands as well as legs of the deceased had poured poison into her mouth forcefully and administered something alike acid.

Having observed this statement in the FIR lodged by the brother of the deceased, I made a query to the learned Additional PP to show the post mortem report so that this court can come to a finding as to whether there was any sign of torture upon the victim.

Mr. Ghosh, learned Additional PP has fairly submitted that in the post mortem report there is no sign of torture but, it is revealed that the victim died by consuming poison.

Be that as it may, prima facie, I am of the opinion that the genesis of the case is not trustworthy and as such, in my opinion, this is a fit case to grant pre-arrest bail to the accused-petitioner.

Accordingly, it is ordered that in the event of arrest, the accused-petitioner, namely, Sri Jhulan Das, shall be released on pre-arrest bail, on furnishing a bail bond of Rs. 50,000/- supported with one surety of the like amount to the satisfaction of the Arresting Authority.

However, the accused-petitioner, Sri Jhulan Das is directed to appear before the investigating officer thrice in a week and shall co-operate with the investigation to unearth the truth behind the death of his deceased wife.

With the above direction, the instant application stands allowed and, thus disposed of.

Return back the case diary.