MANIK LAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This present application has been filed under Sec. 438 of the Code of Criminal Procedure seeking pre-arrest bail against the FIR No. Crime No.2023 WAG 122 which is registered against the petitioner herein under Sec. 341, 506 and 34 of the IPC and Sec. 25 of Arms Act. On the strength of the said complaint dtd. 23/7/2023, it is indicating that the petitioner Sri Manik Lal Das with the support of a firearms has threatened the complainant. Hence the case against the petitioner as mentioned here-in-above.

(2.) Heard Mr. S. Lodh, learned counsel assisted by Mr. K. Roy, learned counsel appearing for the petitioner. Also heard Mr. Ratan Datta, learned PP assisted by Mr. S. Debnath, learned Addl. PP representing the State-respondent.

(3.) Mr. S. Lodh, learned counsel appearing for the accused-petitioner herein submits before this Court that his case under Sec. 438 of the Cr.P.C. needs to be considered as the complaint filed against the petitioner herein is only an afterthought and a counterblast complaint. Since a person supporting the accused-petitioner herein has filed a complaint on 22/7/2023, the present compliant has been filed as a counterblast compliant. Further on legal position, learned counsel indicated that the case of the petitioner falls for violation of Sec. 3 of the Arms Act and under Sub-Sec. 25(1-B)(a) and as such, his case may be considered for granting bail since the punishment would be up to 3 years.