Suran Debbarma And Ors. vs State Of Tripura

[1] This application under Sections 438 of the Code of Criminal Procedure, 1973, (Cr.P.C.) has been filed for granting pre arrest bail to the petitioners all of whom are FIR named accused in Bisramganj P.S. case No.13 of 2021 registered under Sections 448, 427, 325, 354, 307 read with Section 34 IPC.

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

Shri Bishu Debbarma lodged a written FIR with the Officer in charge of Bisramganj police station on 29/03/2021 alleging, inter alia, that at around 8.30 P.M on 28/03/2021 all the accused together attacked their village and set the motor bike of Tapan Debbarma on fire. When his wife came to prevent them they outraged her modesty. The accused petitioners then went to the house of one Rabi Charan Debbarma and damaged his household goods. At around 10.30 p.m, they assaulted Mangal Debbarma and Rajesh Debbarma and caused severe injuries to them as a result of which both Mangal Debbarma and Rajesh Debbarma were admitted in GBP hospital at Agartala.

[3] Based on his FIR, Bisramganj P.S. case No.13 of 2021 under Sections 448, 427, 325, 354, 307 read with Section 34 IPC was registered against the petitioners and the investigation of the case was taken up.

[4] Apprehending arrest, the petitioners have approached this court by means of filing this application under Section 438 Cr.P.C. seeking anticipatory bail.

[5] Mr.P.K.Ghosh, learned counsel appearing for the petitioners submits that the petitioners are innocent and they have no involvement in the alleged offence. It is submitted by Mr. Ghosh, learned counsel that Bikram Debbarma, one of the petitioners of the instant case had also lodged an FIR at the Bisramganj police station on the same day against Bishu Debbarma, informant of the present case alleging that said Bishu Debbarma along with his associates armed with weapons attacked him in his house and assaulted him and outraged the modesty of the female inmates of the house. Said FIR was registered by police as Bisramganj P.S. Case No.BRG 016 of 2021 under Sections 448,325,427,354,506 read with Section 34 IPC and investigation of the case is also taken up by police. It is submitted by learned counsel of the petitioners that false allegations have been lodged against the petitioners by the informant out of vengeance and there is no material to justify their arrest and detention. Learned counsel submits that the accused may be released on anticipatory bail on any condition whatsoever.

[6] Mr.Ratan Datta, learned PP representing the State respondent has raised a robust objection against the petition. It is submitted by learned PP that the petitioners have committed serious offence. Referring to the injury reports of Rajesh Debbarma and Mangal Debbarma in the case diary, learned counsel submits that as a result of assault by the petitioners, both of them required hospitalization. It is also submitted by learned PP that while assaulting said Rajesh Debbarma and Mangal Debbarma, they also assaulted the female inmates of the house who came to save said Mangal Debbarma and Rajesh Debbarma. According to learned PP, the petitioners do not deserve pre arrest bail in view of the serious incriminating materials available against them.

[7] Pursuant to the order of this court the Investigating Officer has produced the case diary of the present case and those of Bisramganj P.S.Case No.14, 15 and 16.

Perused the case diary of those cases.

[8] It is true that the informant of the present case is an accused of Bisramganj P.S. Case No.16 which has been registered on the basis of the FIR lodged by one of the petitioners. Both the FIRs were lodged on the same day and the allegations in both the cases and counter cases are almost same.

[9] It is stated that all the petitioners are residents under the jurisdiction of the trial court and since they have permanent place of abode within the jurisdiction of trial court, there is no chance of their absconding from the jurisdiction of the court.

[10] The purpose of Section 438 Cr.P.C. is to prevent undue harassment by pre trial arrest and detention on frivolous grounds. Considering the fact that there are cases and counter cases between the parties, almost on the same set of allegations against each other, and arising out of the same incidence and that the petitioners have permanent place of abode within the jurisdiction of the trial court and looking into the nature of the offence and considering the fact that petitioners have no past criminal records this court is of the view that it would be appropriate to release the petitioners on pre arrest bail imposing strict conditions.

[10] It is therefore, directed that in the event of their arrest the petitioners shall be released on bail on their furnishing bail bond of Rs.20,000/- each with one surety of the like amount each to the satisfaction of the IO on the following conditions:

(i) That they will appear at Bisramganj police station before the IO of this case twice in a week and fully cooperate with the investigation.

(ii) They will not directly or indirectly try to influence any of the witnesses of the case.

(iii) They will not leave the jurisdiction of the police station without prior approval of the IO.

[11] In terms of the above, the bail petition is allowed and disposed of.

Return the C to the IO.