SAMBHU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is a petition under section 438 of the Code criminal Procedure, 1973, for short the Code filed by the petitioner Shri Sambhu Das. The petition is supported by an. affidavit sworn by a relation of the petitioner.

(2.) The petitioner, who is a Field Supervisor, Gabardi Lamps, has filed the present petition praying for a direction for grant of bail under section 438 of the Code on the allegations that he has been falsely implicated in Baisalgarh police station case no. 19(11) 85 under sections 148/149/302 of the Indian Penal Code, for short I.P.C. As the name of the petitioner was mentioned in the first information report he has reasonable apprehension in his mind that he might be arrested on the accusation of having committed a non-bailable offence. The petitioner has stated that he has been falsely implicated as the informant failed to derive undue advantage from him in his capacity as a Field Supervisor of Gabardi Lamps, that at the relevant time he was working elsewhere in his official capacity and that all other persons named in the first information report have been released on bail.

(3.) The petitioner filed a petition under the aforesaid section of the Code before the learned Sessions Judge, West Tripura, Agartala, which was rejected by the learned Additional Sessions Judge, West Tripura, Agartala by an order dated 20.12.85. Hence the present petition.