Single bench order granting anticipatory bail under Section 438 CrPC to an applicant implicated in an IPC case. Bail granted with a police bond, one surety, and conditions regarding interrogation availability and district movement.
Applicant released on bail on executing a police bond of Rs. 50,000 with one surety, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
AB No. 44/2017
B E F O R E
HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present:
For the applicant : Mr. P. K. Biswas, Sr. Adv. Mr. P. Majumder, Adv. For the respondents : Mr. R. C. Debnath, Addl. P. P.
30.05.2017.
Heard Mr. P. K. Biswas, the learned Sr. counsel assisted by Mr. P. Majumder, the learned counsel for the applicant. Also heard Mr. R. C. Debnath, the learned Additional Public Prosecutor for the State.
This is an application under Section 438 Cr. P.C for granting pre-arrest bail to the applicant namely, Sri Apurba Das who has been implicated in connection with Teliamura Police Station Case No. 12/2017 U/s 498(A)/302/109 IPC.
With the assistance of the learned Additional Public Prosecutor I have carefully gone through the Case Diary and I am of the view that this is not a fit case for custodial interrogation.
Resultantly, in the event of arrest, the applicant namely, Sri Apurba Das shall be released on bail on his executing a P.R Bond of ₹50,000/- (rupees fifty thousands) only with one surety of the like amount to the satisfaction of the arresting authority subject to the condition that he shall make himself available for interrogation as and when called upon to do so and shall not leave West Tripura district without the permission of the concerned jurisdictional Magistrate.
Application is disposed of.
CHIEF JUSTICE
d.dey.
AB No. 44/2017 Page 1 of 1
2 issues framed by the court
Whether the applicant is a fit case for anticipatory bail.
Whether bail conditions should include restriction on moving outside the district.
1 provisions across 1 enactments
Apurba Das
The State
T. Vaiphei
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
