SUNITI DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application under Section 439 Cr.P.C. filed on behalf of the accused Chandan Das for his release on bail.

(2.) Heard Mr. S.S.Debnath, learned advocate appearing for the accused as well as Mr. Ratan Datta, learned PP appearing for the state respondent. Mr. Datta, learned PP has produced the case diary in terms of the order dated 21.10.2020.

(3.) Allegation against the accused as it emerges from the FIR is that on 23rd April, 2020, he along with the other accused namely Suman Das committed rape upon the victim and killed her by strangulation. The FIR was lodged by Smt. Sunita Das, daughter-in-law of the victim on 27.04.2020 and based on her FIR Bishalgarh P.S. case No. 2020 BLG 026 under Sections 376(D), 302, 201 read with Section 34 of the Indian Penal Code was registered against both of the accused and investigation was taken up. After carrying out the investigation, SI Raju Bhowmik of Bishalgarh P.S. submitted charge sheet against both of the FIR named accused with a prayer to the court for their custodial trial. On the basis of the charge sheet cognizance of offence was taken by the learned Jurisdictional Magistrate and the case was committed to the court of Additional Sessions Judge, Bishalgarh and which has been listed by the trial court for framing of charge.