(1.) THE instant application for bail of accused, Sri Santosh Nandi, a Panchayat Secretary, who is in judicial custody since 13. 09. 2007 in connection with West Agartala Police Station Case No. 191/2007 under Section 409, is filed by Smti Bulbul Choudhury (Nandi), wife of the said accused under Section 439 Cr. P. C.
(2.) THE prosecution case, in short, is that, while the accused, Santosh Nandi was working as Panchayat Secretary in the extended areas of the Agartala Municipal Council, on the strength of Memo No. F. 1 (2-13)-ESTT/pr/2004/7146-78 dated 27. 8. 2004 issued by the Director of Panchayat, Government of Tripura, defalcated pension money meant for the old aged peoples of the area as per the National Old Age Pension Scheme, extended to the State of Tripura, showing disbursement in favour of the beneficiaries who have already expired, i. e. beneficiaries already died.
(3.) STATING all the relevant facts regarding the alleged disbursement in the name of the 10 expired beneficiaries, the Block Development Officer (BDO), Dukli RD Block, West Tripura, lodged information with the Officer-in-charge, West Agartala Police Station, which was accordingly registered being West Agartala P. S. Case No. 191/2007 under Section 409 IPC. On the strenth of the aforesaid FIR the Investigating Agency arrested the aforesaid accused person on 13. 09. 2007 and produced before the learned Elaka Magistrate. After production of the said accused person, the accused approached the said court of learned Elaka Magistrate for granting him bail by way of preferring an application under Section 437 which was, accordingly, rejected considering the facts and circumstances as well as the materials which was available in the Case Diary at the relevant time. An application under Section 439 was also preferred before the learned Sessions Judge, West Tripura, which was subsequently transferred to the court of learned Addl. Sessions Judge, West Tripura, Court No. 2. The learned Addl. Sessions Judge vide its order dated 3. 10. 2007, after hearing the parties and perusal of the original case record and case diary, rejected the prayer for bail as the accused person failed to make out any prima facie case for enlarging him on bail except the ground that test examination of the son of the accused in knocking at the door and detention of the accused is bound to have some impact on the study of his son.