NIBASH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application under Sec. 438 of the Code of Criminal Procedure, 1973 (Cr. P. C hereunder) for granting pre-arrest bail to accused petitioners Nibash Das and his brother Tapash Das in Amtali Police Station Case No.2022 AMT 029 which has been registered for investigation under Ss. 120B, 458 326, 427 read with Sec. 34 IPC.

(2.) The genesis of the prosecution case is rooted in the First Information Report (FIR hereinafter) lodged by one Pritam Roy, son of Sri Narayan Roy of Netaji Nagar, Amtali. By lodging a written FIR with the Officer-in-Charge, Amtali police station on 28/2/2022 said Sri Pritam Roy brought several allegations against the two accused petitioners. The first informant alleged, inter alia, that on 27/2/2022 at about 10 'O' clock in the night the two accused along with others deliberately attacked Amit Chowhan, a neighbour of the informant, with sharp edged weapons and assaulted said Sri Amit Chowhan and his wife. As a result of their attack, Amit Chowhan received cut injury in his hand. Thereafter the accused assailants damaged the pulsar motor bike of the informant which was kept parked in front of the house of said Amit Chowhan. Sri Tanmoy Chakraborty, friend of the informant was then standing on the nearby road along with Sri Rohit Roy at the material time. The accused petitioners did not also spare them. They assaulted said Tanmoy Chakraborty and Rohit Roy and caused injuries to them. The accused petitioners also broke open the door of the house of Abhijit Debnath and after entering into his house they ransacked the belongings in the house of said Abhijit Debnath. The injured were immediately taken to hospital for treatment.

(3.) This FIR lodged by Pritam Roy was registered as Amtali P.S Case No.029 of 2022 under Ss. 120B, 458, 326, 427 and 34 IPC and investigation of the case was taken up by police.