Asim Ranjan Pal @ Asim Pal vs State Of Tripura

Biswajit Palit, J

This anticipatory bail application is filed under Section 482 of BNSS, 2023 for granting pre-arrest bail to the accused applicant namely Asim Ranjan Pal @ Asim Pal in connection with Jatrapur PS case No.2024JTP042 for the offence punishable under Section 117(1)/118(1)/109(1)/3(5) of BNS read with Section 103 of BNS.

Heard Learned Senior Counsel Mr. Subrata Sarkar assisted by Learned Counsel Mr. Kabrabam Dhirendra Singha and Learned Counsel Mr. Arpan Jamatia appearing on behalf of the accused applicant. Also heard Learned P.P. Mr. Raju Datta along Learned Addl. P.P. Mr. Rajib Saha appearing on behalf of the State-respondent.

Learned P.P. has produced the Case Diary as ordered earlier.

In course of the hearing Learned Senior Counsel for the petitioner submitted that due to some political rivalry this case has been cropped up against the present accused applicant and others. According to Learned Senior Counsel this present accused was/is not FIR named so at the time of filing of initial FIR there was no allegation against him but later on, the mother of the deceased victim laid one complaint to O/C Jatrapur PS wherein the name of the applicant was shown. Further Learned Senior Counsel also submitted that out of the same incident one Ratan Kr. Saha laid an FIR to O/C of the concerned PS on the same day but as no action was taken so thereafter said Ratan Kr. Saha filed a court complaint before the Court of Learned CJM, Sepahijala District, Sonamura and as per order of the Court the case has been registered but till today police has not taken any action to that case. Rather out of political pressure and being biased, the police has caused arrest of so many persons in this case without any basis. So, Learned Senior Counsel urged for releasing the accused on bail in any condition.

On the other hand Learned P.P. opposed the bail application and submitted that initially the present applicant filed one bail application which was later on withdrawn by him, as such this petition is not maintainable. Learned P.P. further submitted that there are sufficient materials against the applicant in the Case Diary showing his implication with the alleged crime as such Learned P.P. urged for dismissal of the bail application.

In the case at hand, the prosecution was set into motion on the basis of an FIR laid by one Ratan Kumar Debnath alleging inter alia that on 12.08.2024 during Panchayat election results, the BJP workers were sitting outside the Kathalia Block as per order of the administration. On the other side the supporters of CPM and congress party were also waiting for the outcome of the election result. That time, there was police and TSR barricades on both the sides and in the middle of the block there were also barricades of police, TSR and SSB. Despite of such tight security, the accused persons suddenly attacked their party workers at about 2 pm with cheni, Dao, axe, hockey stick, brick stone, etc. As a result of which, their party members Asim Pal, Karim Miah, Dhananjoy Debnath, Joydeb Pal Prantosh Shil were sustained serious injuries and were referred from Kathalia CHC to GB Hospital and amongst them one Ashish Pal was under ventilation. On the basis of the FIR, the aforesaid case was registered. Similarly out of the same incident another FIR was laid by one Ratan Kr. Saha against the informant of this case and others and thereafter as no action was taken, so the informant of that case moved one petition to the Court of Learned CJM, Sepahijala and on the basis of that, the case has been registered.

I have heard both the sides at length and perused the relevant prosecution papers. It is the admitted position that in the initial FIR there was no allegation against the present accused applicant. However, in the subsequent complaint laid by Gouri Pal which was entered in GD and tagged with the present case docket, the name of the present accused has been shown. In the said complaint although his name has been shown but it was not mentioned as to how he participated with the crime.

Learned P.P. in course of hearing drawn the attention of the Court that during investigation the IO collected some materials against this present applicant showing his implication with the alleged crime.

On perusal of the statements of witnesses recorded by IO in course of investigation it appears that although some of the witnesses mentioned the name of the accused applicant but how he participated in the commission of offence, this could be gathered from the evidence on record recorded by IO upto this stage of the investigation. More so, there is case and counter case amongst the rival parties.

So, considering the material on record I do not find any scope to disallow the pre-arrest bail application filed by the accused applicant. Accordingly, the same stands allowed.

The accused applicant namely Asim Ranjan Pal @ Asim Pal may be enlarged on bail to the satisfaction of O/C, Jatrapur PS in the event of his arrest of his execution of bond of Rs.50,000/-with one surety of like amount with the following terms and conditions:

i) The accused shall appear before IO as and when called for.

ii) The accused shall not leave the jurisdiction of the OC of the concerned PS without prior intimation.

iii) The accused shall not tamper or hamper the evidence on record of the prosecution nor shall influence the investigation.

If the accused applicant violates any of the condition of the bail then the IO shall be at liberty to approach to the appropriate Court for cancellation of the privilege of granting pre-arrest bail to the applicant.

With this observation, this anticipatory bail application stands disposed of.

A copy of this order be communicated to IO through Learned P.P. along with the Case Diary.

Send down the record of the concerned Court along with a copy of this order.

Also, a copy of this order be supplied to Learned Senior Counsel for the applicant for information and complaince.