SHRI SAMBHU DAS Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS is a petition under Section 438 of the Code of Criminal Procedure, 1973, for short 'the Code' filed by the Petitioner Shri Sambhu Das. The petition is supported by an affidavit sworn by u relation of the Petitioner.

(2.) THE Petitioner, who is 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 Bisalgarh 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 at other persons named in the first information report have been released on bail.

(3.) THE ambit and scope of Section 438 of the Code came up for consideration before the Constitution Bench of the Supreme Court in Gurbakih Sinth : AIR 1980 SC 1632 : (1980) 2 SCC 565. I would also refer to two other cases namely; Balchand, AIR 1977 SC 366 and Pokar Ram : AIR 1983 SC 969. This court also considered the provision of Section 438 in Md. Abdus Sattar, (1985 ) 2 GLR 358 wherein the conditions and circumstances under which direction for grant of bail can be issued were also laid down.