DEBABRATA BARMAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application filed under Sec. 438 Cr.P.C. for granting anticipatory bail to the accused persons, namely, Sri Debabrata Barman and Sri Rakesh Barman, who are wanted by the police personnel in connection with Airport PS Case No. 2024 ARP 022, dtd. 5/3/2024 for the offences punishable Under Ss. 448/326/427/506/34 of the IPC. On the basis of a complaint lodged by one Smt. Swapna Dey, the Officer-in-Charge, Airport Police Station had registered a case. In the complaint, it is stated that on 3/3/2024 at about 01:15 pm, the accused persons trespassed into the house of the complainant and inflicted injuries upon the complainant and her husband. They also looked for her son Biswajit Dey alias Partha, but at that point of time he was not at the house. However, the accused persons had threatened the complainant that they would again come to her house to catch hold of her son 'Partha'. It is further stated that the husband of the complainant had also suffered injuries on his person due to the assault inflicted by the accused persons. Mr. S. Lodh, learned counsel appearing for the accused persons has submitted that there is no ingredient to attract Sec. 326 of the Indian Penal Code in the instant case.

(2.) I have also heard Mr. S. Ghosh, learned Addl. P.P who has strongly objected to grant anticipatory bail to the applicants/accused persons. Having taken note of the FIR and the submission of learned counsel appearing for the accused persons, I deem it fit to direct the accused persons to surrender before the court of Learned Elaka Magistrate, Agartala, West Tripura today itself at 02:30 pm i.e. on 16/4/2024. Accordingly, both the accused persons shall surrender before the Elaka Magistrate today at 02:30 p.m.

(3.) The Investigating Officer is directed to produce the case diary along with other relevant records in connection with the instant case by today itself before the learned Elaka Magistrate. Learned Elaka Magistrate shall decide the bail application of the accused persons, if so filed, keeping in view the fact as to whether the complaint lodged by the complainant attracts Sec. 326 of the IPC and other relevant factors, which may be placed by I.O. before the concerned Judicial Magistrate during the course of hearing the bail application, if any.