Shibu Debnath vs State Of Tripura

T. Amarnath Goud, J

This present application has been filed under Section 438 of Cr.P.C. for releasing the accused-petitioner herein on pre-arrest bail in connection with East Agartala Women Police Station case No.2023 WEA 013 dated 20.04.2023 under Section 342/366(A)/34 of the IPC, 1860.

The brief fact of this present matter is that on 20.04.2023 at about 10.56 hours, one Sri Goutam Debnath lodged a written complaint before the Officer-in-charge, East Agartala Women PS, alleging inter alia that on 07.04.2023 at about 16.00 hours the minor daughter of the complainant went to her private tutor house but did not return to her house. Thereafter, on search he found that the FIR named accused person kidnapped her minor daughter with the help of the petitioner of this present application. Based on the complaint made by the informant, the police registered the above-mentioned case.

On 10.05.2023, the minor girl was recovered and the principal accused person was arrested. On 11.05.2023, the arrested person was produced before the Ld. Judicial Magistrate, Court No.1, West Tripura, Agartala, and he was granted bail by the Court below on the same day. The petitioner of this instant application filed one anticipatory bail application under Section 438 of Cr.P.C. before the learned Addl. Sessions Judge, Court No.5 Agartala, West Tripura, which was rejected by the Court below vide order dated 19.05.2023. Being aggrieved by the order dated 19.05.2023, the applicant herein has filed this present Anticipatory Bail application before this Court seeking to order the release of the petitioner herein on bail in the event of arrest for the above-mentioned offence.

Heard Mr. A. Lodh, learned counsel appearing for the petitioner as well as Mr. R. Datta, learned P.P., along with Mr.S. Debnath, Addl. P.P. appearing for the respondent herein.

It is seen from the record that the principal accused Sri Sudeb Debnath has been granted bail by the Court below vide Order dated 11.05.2023 and the petitioner herein is only the co-accused and not a principal accused, in the alleged offense. It is also submitted before this Court that the minor victim girl has been recovered on 10.05.2023. In such circumstances, this Court is inclined to grant anticipatory bail to the petitioner herein.

Accordingly, the accused person herein i.e. Sri Shibu Debnath is enlarged on pre-arrest bail on furnishing a bail bond of Rs.25,000/-(Rupees Twenty-five thousand only) with two sureties of like amount to the satisfaction of the concerned authority. However, it is made clear that the petitioner herein shall cooperate with the investigation.

With the above observation and direction, this instant anticipatory bail application is allowed and thus disposed of.