Pranab Majumder v. The State Of Tripura

Case No :AB 0000115/2015 Party Name : PRANAB MAJUMDER Vs THE STATE OF TRIPURA HONBLE THE CHIEF JUSTICE DEEPAK GUPTA Heard learned counsel for the parties.

This is an application for grant of anticipatory bail filed by the applicant, Sri Pranab Majumder in respect of Special P.C Act Case No.14 of 2015 arising out of Bishalgarh P.S. Case No.135 of 2014 registered under sections 120B/409/420 of the Indian Penal Code (IPC) and Section 13(2) read with Sections 13(1)(c) & 13(1)(d) of the Prevention of Corruption Act, 1988.

There was a huge scam which has taken place in the State. As far as the present anticipatory bail application is concerned, there is more than one charge sheet filed against the accused all arising out of the same FIR. I have gone through all the charge sheets. It is alleged that the works for which payment have been made were not at all undertaken but the implementing officer raised the bills and the BDO in question sanctioned payment of the bills.

The allegations against the petitioner are that the petitioner being an Assistant Teacher has accepted money from the MGNREGA account to which he was not entitled to. It is not disputed that the petitioner has cooperated in the investigation in this case. Investigation is complete in all the cases and charge sheets have been filed. Therefore, there is no need to arrest the accused at this stage. The main accused i.e. the BDO, Bishalgarh and many of the other main accused who was the Government servants have already been released on bail and therefore, I see no reason when the main accused is on bail why the other co-accused should not be granted bail.

Therefore, this Court is of the view that since the applicant has cooperated with the investigation and no other evidence has to be collected and the main culprits are still at large, the applicant should be granted anticipatory bail and accordingly, it is directed that in the event of his arrest, the applicant (Sri Pranab Majumder) shall be enlarged on bail on his furnishing a bail bond in the sum of Rs.

(ii) The applicant is further directed not to in any manner try to influence any of the prosecution witnesses;

(iii) The applicant is further directed not to cause any hindrance in the investigation; (iv) The applicant shall not leave Tripura without permission of the appropriate Court; (v) In case, the applicant violates any of the conditions or tries to delay the trial the prosecution shall be at liberty to approach this Court for cancellation of bail. Application is disposed of.

On the applicant filing application for supply of the copy on payment of appropriate fees, the copy of the same shall be supplied to him by tomorrow. Download Date: 8-05-2017 16:05 1/1