HIGH COURT OF TRIPURA
AGARTALA
B.A. No.69 of 2024
Smt. Mousumi Bhowmik (Debnath)
on behalf of accused person
Sri Nandan Debnath.
-----Applicant(s)
Versus
The State of Tripura.
-----Respondent(s)
For Applicant(s) : Ms. S. Deb, Adv.
For Respondent(s) : Mr. R. Datta, P.P,
Mr. S. Ghosh, Addl. P.P.
JUSTICE BISWAJIT PALIT
HON’BLE MR.
Order
25/10/2024
Heard Ms. S. Deb, Learned Counsel for the
petitioner-accused in custody. Also heard, Mr. R. Datta, Learned
P.P. along with Learned Addl. P.P., S. Ghosh for the State-
respondent.
This application is filed for release of the accused on
bail under Section 483 of BNSS, who is in custody on and from
23.09.2024.
In course of hearing, Learned Counsel for the
petitioner-accused submitted that R.K. Pur P.S. Case
No.93/2024 under Section 313(3)/305(a) of BNS was registered
on the basis of an FIR laid by one Tulsi Das Modak of
Madhyapara, Udaipur on the allegation that on 18.09.2024 a
theft occurred in his residence in between 10.00 a.m. to 01.30
p.m. by the miscreants by breaking the window of one of his
rooms in his house and in course of investigation, the I.O.
caused arrest of accused persons namely Dulal Chowdhury,
Rubel Miah, Billal Miah and Nandan Debnath and forwarded
them before the Learned Court below.
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Learned Counsel further submitted that on the basis
of disclosure statement of one of the accused, Dulal Chowdhury,
the said accused, Nandan Debnath was arrested being the
receiver of gold ornaments. But during investigation, nothing
was recovered/seized from the possession of the accused
person. Learned Counsel also submitted that on the first day,
when the accused was produced before the Learned Court
below, that day, considering the materials on record, even the
prayer of I.O. for granting police custody was also rejected.
Thus, it is clear that the accused has been falsely implicated in
this case and during investigation, no further prayer was made
for granting police custody of the accused in custody. Even no
prayer was submitted by the I.O. for recording confessional
statement of the accused in custody. Furthermore, according to
Learned Counsel, the mother of the accused, being an aged lady
was/is suffering from illness. So, considering the period of his
detention in custody, he may be released on bail in any
condition.
On the other hand, Learned P.P., Mr. R. Datta along
with Learned Addl. P.P., Mr. S. Ghosh opposed the bail
application and submitted that in absence of C.D., it would not
be proper to consider the bail application at this stage.
I have heard both the sides and gone through the
FIR and the forwarding report of I.O. dated 23.09.2024 and the
order dated 23.09.2024 and the subsequent order dated
05.10.2024 passed by Learned CJM, Gomati Judicial District,
Udaipur annexed with the bail application. The present case is
registered under Section 331(3)/305(a) of BNS along with
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Section 317(2) of BNS, 2023 against this present accused and
others. The investigation of this case is in progress. So,
considering the relevant papers annexed with the bail
application submitted by the accused in custody, it appears that
the I.O. of this case could not collect any materials showing
implication of the present accused in custody as because
nothing was recovered from his possession by this time during
the period of investigation save and except statement made by
co-accused. Hence, considering the nature of the allegation, this
Court is inclined to grant interim bail to the accused, Nandan
Debnath who is in custody till 28.11.2024 of his execution of
bond of Rs.50,000/- with one surety of like amount to the
satisfaction of the Learned Court below with condition that
during the period on bail, the accused shall not leave the
jurisdiction of the Court without prior permission, nor shall make
any attempt to temper any evidence on record and shall appear
before I.O. as and when call for the sake of investigation i.d. to
remain in judicial custody as before. The accused shall
surrender before the Learned Court below on 28.11.2024 and
on that day the I.O. shall produce the C.D. before the concerned
Learned CJM. If by this time, the accused violates any condition
of the bail, in that case, the Learned Court below shall be at
liberty to pass appropriate order for cancellation of the bail for
the sake of investigation, if required.
A copy of this order be communicated to Learned
Counsel for the petitioner-accused in course of the day for
information and compliance.
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A copy of this order be communicated to I.O. through
Learned P.P. in course of the day.
A copy of this order also be communicated to
Learned Court below for information and compliance.
With this observation, this bail application stands
disposed of.
JUDGE
MOUMITA Digitally signed by
MOUMITA DATTA
DATTA Date: 2024.10.25
16:39:24 +05'30'
Purnita