Sujit Chandra Das And Ors vs State Of Tripura

Heard Mr. DC Roy, learned counsel appearing for the accused-petitioners, who are the husband and brother-in-law of the deceased. Also heard Mr. Ratan Datta, learned PP appearing for the State-respondent.

Both the petitioners, being accused of Melaghar PS case No. 2020 MLG 038 dated 17.08.2020 has filed the instant application for granting them anticipatory bail. On receipt of the complaint by one Subal Chandra Debnath, the father of the deceased, the Officer-in-Charge of the Melaghar PS registered the case under Section 498A/302/34 of the IPC.

In the complaint it was alleged by the informant, father that on the date of incident, his daughter was severely assaulted by the accused-petitioners in his own rented house and due to such assault, she had died. Having found her dead, the accused-petitioners had fled away after snatching away her golden ornaments. Later on, when the informant came to the house, he found his daughter was hanging.

I have perused the case diary as produced by learned Public Prosecutor. After perusal of the case diary, it is found that on 06.08.2020, the informant, Subal Chandra Debnath, had lodged an information to the Officer-in-Charge of Melaghar PS stating inter alia that on that date itself, his daughter has committed suicide by hanging.

On the basis of this information, the Officer-in-Charge of Melaghar PS had registered a UD case bearing No. Melaghar PS UD case No. 9 of 2020 under Section 174 of Cr.P.C. dated 06.08.2020. Suddenly, the informant on 17.08.2020 had lodged the instant complaint before the Officer-in-Charge of the Melaghar PS alleging the facts, as stated here-in-above.

I have gone through the surathal report as well as the post mortem report. In both the reports, none of the doctors have opined that there was any mark of violence over the body of the victim.

For the stated reasons, according to me, the very genesis of the case appears to be doubtful. However, investigation is going on but, at this stage, in my opinion, this is a fit case to grant pre-arrest bail to the accused-petitioners.

Accordingly, it is ordered that in the event of arrest, the accused-petitioners, namely, Sujit Chandra Das and Shibu Chandra Das shall be released on pre-arrest bail, on furnishing a bail bond of Rs. 25,000/- each supported with one surety each of the like amount to the satisfaction of the Arresting Authority.

However, the accused-petitioners are directed to co-operate the investigating officer in all respect for smooth progress of the investigation.

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

Return back the case diary.