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Judgment
Arindam Lodh, J
Heard Mr. S. Lodh, learned counsel appearing for the applicants. Also heard Mr. Raju Datta, learned PP appearing for the respondent-State.
The present applicants, Sri Raju Sarkar and Sri Sayan Roy, have been arrested on 10.07.2024 in connection with Amtali Police Station case no. 2024 AMT 087, registered under Sections 103/3(6)/61(2) of the Bharatiya Nyaya Sanhita, 2023, on the basis of a complaint lodged by one Sri Abhijit Shil, the younger brother of the deceased.
In the complaint, it is alleged that the elder brother of the complainant was murdered by one Sri Babul Acharjee with the help of the present two applicants.
I have perused the case diary as produced by learned PP.
From the case diary, it is found that the Officer-in-Charge of Amtali police station having registered the FIR investigated the case and in the forwarding report, I have noticed that the present applicants had been arrested only on the ground that they did not protest the incident. It is further mentioned in the forwarding report submitted by the Investigating Officer that the applicants did not report the incident to the police station during the entire night. From the case diary, it is evident that during the process of investigation till today, the Investigating Officer could not produce any material as regards participation of the present applicants in the commission of the aforesaid crime of murder of the elder brother of the complainant.
I do not find any material wherefrom the direct involvement of the present applicants is surfaced.
In view of this, I am inclined to release the applicants on bail. Accordingly, the applicants, namely, Sri Raju Sarkar and Sri Sayan Roy, shall be released on bail on furnishing a bail bond of Rs.25,000/- each with one surety each of the like amount to the satisfaction of the Elaka Magistrate, Agartala, West Tripura.
Accordingly, the instant bail application stands allowed and thus disposed.
Return back the case diary.