Tripura High Court
Sri Ashish Das vs The State Of Tripura on 8 October, 2021
Page 1 of 8
HIGH COURT OF TRIPURA
AGARTALA
AB No.76 of 2021
1. Sri Ashish Das,
Son of Late Shital Chandra Das,aged about 56 years,
resident of Kalibarir Pashchimpara, Bikramnagar,
Sekerkote, P.S- Amtali, P.O- Sekerkote, 799130, District-
West Tripura, Tripura.
2. Smti Putul Deb,
W/O- Sri Ashish Das, aged about 52 years, resident of
Kalibarir Pashchimpara, Bikramnagar, Sekerkote, P.S.-
Amtali, P.O.-Sekerkote, 799130, District- West Tripura,
Tripura
............... Petitioner(s).
Vs.
THE STATE OF TRIPURA
Represented by the Ld. P. P., High Court Tripura, Agartala.
............... Respondent(s).
For Petitioner(s) : Mr. S. Lodh, Advocate.
For Respondent(s): Mr. S. Debnath, Addl. Public Prosecutor.
THE HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
ORDER
08/10/2021
Apprehending arrest in East Agartala Women P.S Case
No. 2021 WEA 048 registered for offence punishable under
Section 306 read with Section 34 IPC, the accused applicants
have preferred this application under Section 438, Cr. P.C for pre-
arrest bail.
[2] The factual context of the case is as under:
Smt. Bijoy Laxmi Debbarma, woman Assistant Sub-
Inspector of police lodged a suo-motu complaint with the Officer-
in-Charge of her police station on 04.09.2021 alleging, inter alia,
that the present petitioners who are husband and wife along with
accused Smt. Panna Deb and Biswajit Deb treated Ms. Rajashree
Deb with cruelty which caused severe mental distress to her and
to get rid of such mental distress Ms. Rajashree Deb committed
suicide. A suicidal note was recovered from the pocket of her
trouser which she was wearing at the time of committing suicide
and in her suicidal note the deceased held Smt. Panna Deb, Smt.
Putul Deb, Sri Biswajit Deb and Ashish Das responsible for death.
The complainant police officer also alleged in her suo-motu FIR
that the said accused persons used to harass the deceased for not
getting married which caused her depression and led her to finish
her life by committing suicide. Said complaint was registered as
East Agartala Women P.S Case No. 2021 WEA 048 and
investigation of the case was taken up by police.
[3] Apprehending arrest in the case the applicants
namely, Ashish Das and his wife Smt. Putul Deb has filed this
application seeking protection from arrest and detention.
[4] Heard Mr. S. Lodh, learned advocate appearing for the
applicants along with Mr. Kishalay Roy, advocate. Also heard Mr.
S. Debnath, learned Addl. Public Prosecutor representing the
State respondent.
[5] Mr. Lodh, learned counsel of the petitioners has taken
me to the order dated 29.09.2021 passed by the Additional
Sessions Judge of Agartala in Bail Application No.181 of 2021
whereby bail was granted to Smt. Panna Deb under Section 439
Cr. P.C after 25 days of her detention in custody. Counsel submits
that other than Smt. Panna Deb another accused namely, Biswajit
Deb has also been released on pre-arrest bail by the learned
Additional Sessions Judge, Agartala by his order dated 24.09.2021
(Annexure-2 to the application) in Bail Application No.178 of
2021. Counsel submits that the present applicants namely, Sri
Ashish Das and Smt. Putul Deb are also entitled to bail on the
ground of parity as the other two accused of this case who were
booked under same charges have been granted bail. In support of
his contention Mr. Lodh, learned counsel has relied on an order
dated 11.07.2005 of the Apex Court in Kamaljit Singh Vrs.
State of Punjab and another; reported in (2005) 7 SCC 226
wherein the Court granted anticipatory bail applying the principle
of parity observing as under:
"Heard the counsel for the parties. In the facts and
circumstances of the case we are of the view that
it is an appropriate case in which the application of
the appellant for grant of anticipatory bail ought to
have been allowed, particularly when on similar
allegations the remaining two accused have been
granted the benefit of anticipatory bail. In these
circumstances the appeal is allowed and the
appellant is directed to be released on bail in the
event of arrest or surrender on his furnishing bail
bonds to the satisfaction of the arresting officer or
the Court, as the case may be, subject to the
condition laid down in Section 438 Cr. P.C."
[6] Counsel submits that even though the applicants are
close relatives of the deceased, they never lived together with
her. They used to visit her occasionally. They were very
affectionate to the deceased and in no manner they could be
connected with the commission of her suicide. Rather, they always
helped to come out of her depression.
[7] Relying on the medical prescriptions of a consultant
psychiatrist and several prescriptions issued from Tripura Medical
College and Dr. B. R. Ambedkar Memorial Teaching Hospital
counsel submits that the deceased was a patient of chronic
depression and mental illness. Counsel refers to the case history
of the deceased appearing in the clinical documents issued from
Tripura Medical College and Dr. B. R. Ambedkar Memorial
Teaching Hospital where it has been recorded that she was of
irrational conduct and abnormal behaviour and she was
aggressive to her mother and non-cooperative to her friends and
hospital staff. Counsel submits that the medical documents go to
show that she had been suffering from such mental illness from
before 2009. It is contended by the counsel of the petitioners that
her chronic mental depression led her to commit suicide for which
no one including the petitioners can be held responsible. It is also
contended by Mr. Lodh, learned advocate that applicants, Ashish
Das is a decorator by occupation and his wife Smt. Putul Deb is a
government employee. If accused Ashish Das is arrested and
detained in custody, his business during the festive season will be
spoilt and in the event of arrest of his wife Smt. Putul Deb, her
service career will be jeopardized. Counsel also submits that they
have a minor daughter at home and in the event of their arrest
there will be none at home to look after the minor daughter.
Counsel submits that abatement has a wider meaning which
involves a mental process of instigating a person or intentionally
aiding such person for doing a thing for which evidence is
necessary to show that a very active role was played by the
applicants in instigating or aiding the deceased to commit suicide.
Counsel submits that there is no such evidence against the
applicants that they had played such role leading to the
commission of suicide by the deceased. Counsel therefore, urges
the court for granting pre-arrest bail to the applicants.
[8] Heard Mr. S. Debnath, learned Additional Public
Prosecutor appearing for the State respondent. Mr. Debnath refers
to the suicidal note of the deceased contained in the case diary
and submits that in her suicidal note, the deceased has held the
applicants responsible for her suicide. Counsel submits that in her
suicidal note, she has clearly stated that applicants made her life
miserable by abusing her, as a result of which she finished her
life. It is also contended by Mr. Debnath that she has clearly
stated in her suicidal note that present applicant Smt. Putul Deb
and bailed out accused Smt. Panna Deb used to treat her as a
maid servant for which she finished her life. Counsel therefore,
submits that Smt. Putul Deb, one of the applicants herein is not
entitled to the extra ordinary relief of pre-arrest bail. Counsel
further submits that Smt. Panna Deb was granted bail by the
learned Additional Sessions Judge under Section 439 Cr. P.C in
view of her prolonged detention in custody. The other accused
was granted bail by the learned Sessions Judge mainly on the
ground of his critical illness who preferred bail application after he
was admitted in a hospital at Kolkata for surgery. Counsel
therefore, submits that the principle of parity will not apply in the
case of the present applicants. Counsel urges the Court to take
into consideration the seriousness of the offence and involvement
of the applicants in the said offence and reject their bail
applications.
[9] Considered the submissions of the counsel of the
parties. Perused the case diary particularly, the statements of the
mother and brother of the deceased. There is nothing on record
that the deceased ever attempted commission of suicide even
though she was undergoing mental depression and receiving
treatment from psychiatrist. In the alleged suicidal note she has
clearly stated that Smt. Panna Deb and Smt. Putul Deb used to
treat her as a maid servant and made her life miserable. The
investigating agency is verifying the authenticity of the suicidal
note. Examination of the witnesses acquainted with the facts of
the case is also in progress. As observed by the Hon'ble Apex
Court in the judgment relied on by the counsel of the petitioners,
the principle of parity as pointed out by learned counsel would
apply only when the similarly situated accused booked under
similar charges are granted bail. In the present case, the suicidal
note of the deceased as well as the statement of the witnesses
particularly those of the mother and brother of the deceased have
made out a strong prima facie case against applicant Smt. Putul
Deb. Though the charge is same against her, incriminating
materials collected during investigation are heavier against her.
The materials demonstrate that the deceased was her brother's
daughter. Since the family of the deceased had no income, they
were dependent of the applicant who is an earning woman and, as
such, the applicant Smt. Putul Deb had control over the whole
family of the deceased. In this situation, the role of applicant Smt.
Putul Deb in the commission of suicide of the deceased has to be
verified by a full and fair investigation of the case. I am convinced
that her release on pre-arrest bail is likely to affect a full and fair
investigation because witnesses are her relatives and vulnerable
to her influence. The suicidal note and statements of the
witnesses recorded during investigation cannot be ignored simply
for the reason that the victim was a patient of mental depression.
This is a case in which a young and helpless woman committed
suicide under miserable circumstances. Therefore, a thorough
investigation in the case is necessary.
[10] Considering all these aspects, bail application of Smt.
Putul Deb is rejected. In view of the materials available on record,
pre-arrest bail is granted to Ashish Das. In the event of his arrest
or surrender Sri Ashish Das shall be released on bail on his
furnishing a bail bond of Rs.20,000/- with one surety of the like
amount to the satisfaction of the Investigating Officer or the
Court, as the case may be, subject to the following conditions:
(i) He will not meet any member of the family of
the deceased or try to influence any of the witnesses
of this case in any manner directly or indirectly.
(ii) He will meet the Investigating Officer as and
when called for.
(iii) He will not leave the State without prior
approval of the Investigating Officer during
investigation of this case.
[11] In terms of the above, the bail application is partly
allowed and disposed of. Return the Case diary.
JUDGE
Dipankar
