ARNAB CHAKRABORTY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS application for grant of bail has been filed by the petitioner Sri Arnab Chakraborty in respect of case No. 156 of 2014 registered with West Agartala Police Station under sections 120(B)/403/409/420/468/471/477A of the Indian Penal Code(IPC).

(2.) THE petitioner has been behind bars since 13 -09 -2014 and it is urged by Mr. P.K. Biswas, learned Sr. Counsel, that the petitioner has now spent more than 5(five) months in jail. According to Sri Biswas, the investigation is complete and, therefore, there is no need to keep the petitioner in jail any longer. Mr. Biswas has also cited the judgment of the Apex Court in Sanjay Chandra v. Central Bureau of Investigation and other connected matters [ : 2012 CRI.L.J. 702] wherein the Apex Court after referring to the earlier judgments held as follows: -

(3.) TRUE it is that the general rule is bail, not jail. However, each case has to be decided on its own peculiar facts. As far as the present case is concerned, the prosecution story is that the petitioner Arnab Chakraborty who was cashier in the Rastriya Madhyamik Shiksha Abhiyaan (RMSA) produced a forged letter which purported to authorize him to receive all cheques and payments. It is also alleged that the petitioner forged the signatures of various officials of the RMSA. When the crime was detected, the petitioner fled from Tripura and lookout notices had to be published against the petitioner in various newspapers. After obtaining search warrant, search was carried out in the house of the petitioner and a lot of incriminating material was discovered. A number of witnesses were examined and finally, the petitioner was arrested at Kolkata on 13 -09 -2014. The allegations against the petitioner are very serious in nature. He is alleged to have embezzled huge amounts of money. The petitioner had not surrendered or willingly appeared but was arrested from Kolkata. Therefore, the apprehension of the State that he may leave Tripura if he is granted bail is not unfounded.