SUPRADIP DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Sankar Lodh, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned Addl. Public Prosecutor representing the State.

(2.) Petitioner is an accused in Birganj P.S Case No.2022/BRG/002 which has been registered for commission of offence punishable under Ss. 376, 313, 506, 509, 323 read with Sec. 34 IPC. Apprehending arrest in the case, petitioner has filed this application under Sec. 438 Cr.P.C for granting pre-arrest bail to him.

(3.) The case was registered on the basis of the written FIR lodged by the victim of this case wherein she alleged that the accused is a neighbour of her. Father of the accused had a very good relationship with her father and the family members of the accused including the accused used to visit their house regularly. The accused and the victim thus developed an intimacy. On 15/9/2021 accused came to her house and gossiped with her over a long period of time. The other house inmates were away from home at that time. Taking the opportunity, accused committed rape on her. When she divulged the incidence to her guardians, they called the parents of the accused. Father of the accused in a village meeting assured that his son would marry the victim and she was requested not to file any case against him. Their relationship became normal thereafter. On 16/11/2021 when the victim met the accused in his house, he wanted to have physical relationship with her and despite her resistance she was subjected to sexual intercourse by the accused. Accused blackmailed her by saying that he captured all photographs of their past physical relationship in his mobile and in case of her refusal to have physical relationship with him he would make the pictures viral in social media. She informed the father of the accused about the occurrence who advised her to accept everything without protest. Few days thereafter she conceived, when she told the petitioner about her pregnancy, he assured her that he would marry her as soon as he gets an employment. He gave some tablets to the victim. The victim miscarried after taking those tablets. After her miscarriage, accused again started blackmailing her. Then she lodged a written complaint in the Court of the Sub-Divisional Judicial Magistrate at Amarpur. Her complaint was forwarded to the Officer-in-Charge of Birganj police station at Amarpur for investigation and report on the basis of which case was registered and investigation was taken up. Apprehending arrest, accused has approached this Court for pre-arrest bail under Sec. 438 Cr. P. C.