BIRAJIT SINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The six petitioners, who are detained in custody in connection with Kailashahar P. S. Case No. 76/2004, under Sections 148/149/506/365/511/326/302 1PC and under Section 27 of the Arms Act, pray for bail under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' only).

(2.) The prosecution case, shorn of details, is that on 20-7-2004 at about 11.30 a.m. the petitioner No. 1, who is a sitting M. L. A. and the President of the Tripura Pradesh Congress Committee, the petitioner No.2, who is a Congress leader, the petitioner No.3, who is the elected member of the Parishad and the remaining petitioners, who are security guards of the petitioner No. 1 came to Babur Bazar and entered into an altercation with the informant and others over the alleged prevention by the latter of Congress voters from casting their votes. The report alleges that the petitioner No. 1 caught hold of the color of the informant and tried to drag him to his vehicle whereupon the son of the informant and some other young men of the locality came forward to rescue his father, which eventually compelled the petitioner No. 1 to release him. However, the petitioner No. 1 also allegedly instigated his personal security guards to start indiscriminate firing at the crowds causing injuries to civilians while he himself shot at Abdul Hannan, son of the informant, from his Pistol which was in his possession. Due to the indiscriminate firing, one Nikhil Chandra Deb also sustained bullet injuries in his abdomen. By this time, one mobile van of T. S. R. arrived on the spot and on seeing this, the petitioners fled away by an auto- rickshaw leaving their two vehicles behind. One of the victims, namely, the said Abdul Hannan, died on the way to a hospital. The petitioners are accordingly arrested and booked under the aforesaid sections of law.

(3.) I have heard Mr. J. M. Choudhury, Mr. A. K. Bhowmik, learned senior counsels, and Mr. A. C. Bhowmik, and Mr. P. K. Biswas, learned counsel for the petitioners. I have also heard Mr. D. Sarkar, learned Public Prosecutor, assisted by Mr. P. Bhattacharjee and Mr. B. R. Das Roy, learned counsel for the State-respondent.