Tutan Ghosh And Ors vs State Of Tripura

Heard Mr. S. Sarkar, learned counsel appearing for the petitioners. None appeared for the State-respondent due to Covid-19 situation.

This is an application filed under section 438 Cr.P.C. for granting anticipatory bail to the petitioners in connection with Khowai PS case no. 39 of 2020 under sections 384/326/34 of the IPC.

Mr. Sarkar, learned counsel has submitted that the accused-petitioners are being implicated in connection with the present case and the police has been raiding their residence time and again and, as such, they are apprehending arrest. Mr. Sarkar, has further submitted that at the instance of the present accused-petitioners, an FIR was registered first and, thereafter on the next date, the complainant in this case had lodged an FIR against the present accused-petitioners only to save their skin and to get rid of the complaint lodged by the present accused-petitioners on the earlier date. Mr. Sarkar, has drawn my attention to some irregularities and inconsistencies in mentioning the dates in the complaint filed by the complainant of the present case. The complaint written in Bengali is found in page 20 of the instant application wherein it has been found that on 29.02.2020 at about 8.30 pm the complainant had attacked the present accused-petitioners of the instant case and in the FIR lodged by the complainant, the date and time of the occurrence has been mentioned as on 29.02.2020 at 8/8.30 pm, i.e. at the same date and time.

I have noticed the manipulation in recording the date of receipt of the complaint lodged by one of the accused-petitioners, namely, Tutan Ghosh. It is noticed that there is overwriting in mentioning the date of the occurrence. According to the learned counsel, it was 01.03.2020 at 1645 hours but, lateron it was noticed to be overwritten as 02.03.2020.

Being noticed such manipulation in recording the dates in three places in the complaint filed by the complainant including in the prescribed format of the FIR, I am constrained to observe that this kind of manipulations should not be allowed to be committed by any investigating officer. The investigation process must be fair to subserve the cause of justice.

Considering the manipulations made in three places that are surfaced in the complaint itself as well as in the prescribed format of the FIR, I am inclined to grant anticipatory bail to the accused petitioners as an interim measure till 27.07.2020.

Accordingly, in the event of arrest, the accused-petitioners, namely, Sri Tutan Ghosh and Dulal Ghosh, may be released on bail on executing a bond of Rs. 25,000/- each with one surety each of the like amount to the satisfaction of the arresting authority.

List the matter on 27.07.2020 on which date learned PP shall produce the case diary in connection with the instant case.