(1.) The instant application is filed by one Sri Tapan Kumar Saha, by profession a businessman, under Section 438, Cr.PC, for granting him bail in the event of his arrest in connection with East Agartala Police Station Case No. 38 of 2011 under Sections 302 and 34, Indian Penal Code, as according to the Petitioner, he is totally innocent, but the police is trying to arrest him.
(2.) Heard Mr. S. Chakraborty, Learned Counsel for the Petitioner as well as Mr. A. Ghosh, learned Additional P.P. appearing for the Respondent-State who has produced the case diary in terms of the order of this Court dated 26.4.2011.
(3.) The prosecution case, in short, is as follows: On 12.2.2011 one Sri Ranjan Bardhan lodged an FIR with the Officer in-charge, East Agartala Police Station alleging, inter alia, that on 12.2.2011, at about 7.00/7.30 p.m., some unknown miscreants attacked upon his younger brother at a narrow katcha lane situated in the east side of the Chitta Ranjan Club and brutally injured by sharp cutting weapon and ultimately, they killed him on spot. It is also stated that the dead body of the deceased brother of the informant was identified by him.