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HIGH COURT OF TRIPURA
AGARTALA
AB 21/2024 Sadek Miah and anr. ----Applicant(s) Versus
The State of Tripura ----Respondent(s) For Petitioner(s) : Mr. S. Lodh, Advocate For Respondent(s) : Mr. S. Ghosh, Addl. PP
HON'BLE MR. JUSTICE ARINDAM LODH Order
31/05/2024
Heard Mr. S. Lodh, learned counsel appearing for the accused-applicants, namely, Sadek Miah and Mithun Miah. Also heard Mr. S. Ghosh, learned Additional PP appearing for the respondent-State.
This is an application filed under section 438 Cr.P.C. for granting pre-arrest bail to the accused-applicants, who are wanted in connection with Sonamura PS case No. 2024 SNM 045, registered under sections 447, 302 and 34 of the IPC. Mr. Lodh, learned counsel appearing for the applicants has submitted that the applicants are in no way connected with the alleged offence. It is further submitted that the applicants are permanently residing within the jurisdiction of this court and they will not abscond or tamper the evidence and will also not evade the trial.
On the other hand, learned Additional PP has produced the case diary and has strongly opposed the bail prayer. I have perused the case diary as produced by the learned Additional Public Prosecutor. I have also perused the case record.
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I am prima facie of the opinion that the offence, as alleged, against the applicants can at best come under the purview of Section 304 Part II of the IPC. However, the matter is required to be tried by the competent court. Since it is not the stage of imposing punishment to the applicants, I am inclined to release the applicants on anticipatory bail.
Accordingly, it is ordered that in the event of arrest, the accused-applicants, namely, Sadek Miah and Mithun Miah, shall be released on pre-arrest bail, on furnishing bond of Rs. 50,000/- each supported with one surety each of the like amount to the satisfaction of the Arresting Authority. It is further directed that the applicants shall report to the Investigating Officer twice in a week and shall co-operate with the process of investigation. Further, it is directed that none of the applicants shall leave the jurisdiction of Sepahijala District without prior permission of the Investigating Officer. With the above direction, the instant application stands allowed and thus disposed of.
Return back the case diary
JUDGE
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