SHIBU DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This present application has been filed under Sec. 438 of Cr.P.C. for releasing the accused-petitioner herein on pre-arrest bail in connection with East Agartala Women Police Station case No.2023 WEA 013 dtd. 20/4/2023 under Sec. 342/366(A)/34 of the IPC, 1860.

(2.) The brief fact of this present matter is that on 20/4/2023 at about 10.56 hours, one Sri Goutam Debnath lodged a written complaint before the Officer-in-charge, East Agartala Women PS, alleging inter alia that on 7/4/2023 at about 16.00 hours the minor daughter of the complainant went to her private tutor house but did not return to her house. Thereafter, on search he found that the FIR named accused person kidnapped her minor daughter with the help of the petitioner of this present application. Based on the complaint made by the informant, the police registered the above-mentioned case.

(3.) On 10/5/2023, the minor girl was recovered and the principal accused person was arrested. On 11/5/2023, the arrested person was produced before the Ld. Judicial Magistrate, Court No.1, West Tripura, Agartala, and he was granted bail by the Court below on the same day. The petitioner of this instant application filed one anticipatory bail application under Sec. 438 of Cr.P.C. before the learned Addl. Sessions Judge, Court No.5 Agartala, West Tripura, which was rejected by the Court below vide order dtd. 19/5/2023. Being aggrieved by the order dtd. 19/5/2023, the applicant herein has filed this present Anticipatory Bail application before this Court seeking to order the release of the petitioner herein on bail in the event of arrest for the above-mentioned offence.