In the case of Tutan Ghosh & Anr. vs. State of Tripura, the Hon’ble Justice Arindam Lodh decided to grant anticipatory bail, where the records showed shoddy investigation and that the petitioners were injured in the incident cited as the cause of action.
Facts of the Case
The petitioners/accused have filed the anticipatory bail application for a case under Sec 384,326,34 IPC. The apprehension of arrest had arisen due to the fact that the houses of the petitioners were raided by the police. A perusal of the case diary and witnesses reveal that there was a fight regarding auto fare payment. The complainant lodged an FIR, but it was revealed that the accused had suffered from a leg injury due to the complainant’s attack.
Arguments Made Before the Court
It was argued by the petitioners that the complainant along with the certain others including Autorickshaw Union president had entered the house of the accused and started an altercation. Further, the accused filed an FIR but the same has been manipulated by the investigation officer after which they had to approach the Superintendent of Police to register a complaint. The FIR of the complainant was duly registered by the police. Therefore, there is bias by the police in the investigation process, and allowing the arrest of the petitioner would lead to harassment.
Court’s Observation and Decision
The Court observed that from the facts it can be seen that there is a political rivalry between the petitioner and the complainant. The facts clearly show that the charges under which the accused has been filed have not been made out of the facts. It also observed that arrest would indeed lead to harassment of the petitioners and therefore, in the event of arrest, the petitioners shall be released on a bond with a surety of the nature that the arresting authority is satisfied with.
Further, the petitioners are liable to submit to investigation after recovery from injuries but the officers are free to investigate the petitioner at a convenient place and time.
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