Tripura High Court: S.G. Chattopadhyay, J., rejected a bail application which had been filed by accused petitioner for granting pre arrest bail to him under Section 438, CrPC. The petitioner had been booked for offence punishable under Section 409, IPC. He was alleged to have made fictitious salary bills to the tune of Rs 5,61,302/- in his department and drawing the same from government treasury he had got the entire amount of money transferred to his own bank account.

After the detection of the offence, the Deputy Inspector General of Police (HGS), A.D. Nagar police station, Agartala lodged the FIR with the Officer in Charge of A.D. Nagar police station on the basis of which the case was registered and investigation was taken up. Apprehending arrest, the petitioner had approached the Court and his counsel, Mr A.K. Pal submitted that despite being innocent, petitioner has returned the entire sum allegedly defrauded by him to his department by withdrawing the same from his bank account and that no purpose of investigation will be served by his arrest and detention.

Mr R. Datta, P.P on the other hand contended that in all likelihood, the petitioner alone would not have been able to commit such a crime. His arrest and detention was, therefore, necessary to book his associates. He further argued that the petitioner had defalcated huge amount of money of his own department by making fictitious salary bills. Simply for the reason that he has returned the money, his offence does not get extinguished.

The Court was of the opinion that nature of allegations was serious and materials collected by the investigating agency have made out a good prima facie case against the accused petitioner. The Court noted that without assistance of others, petitioner would not have been able to commit the offence alone. Therefore, his custodial interrogation may be necessary to book his associates.

The Court stated that the essential parameters for consideration of bail are the nature of offence, the punishment thereto, possibility of his tempering with the prosecution evidence in case of his release on bail, likelihood of his fleeing away from the jurisdiction of the court etc., and believed that in the given circumstances the extra ordinary relief available under Section 438 CrPC cannot be given to the accused petitioner. The Court thus, rejected the bail application.[Jayanta Ghosh v. State of Tripura, 2021 SCC OnLine Tri 447, decided on 03-09-2021]

Suchita Shukla, Editorial Assistant has reported this brief.

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