Citation : 2025 Latest Caselaw 231 Tri
Judgement Date : 1 August, 2025
HIGH COURT OF TRIPURA
AGARTALA
AB No.51 of 2025
1. Sri Dipankar Goswami
2. Sri Subhankar Goswami,
Both are Son of Late Sailendra Goswami,
Both are resident of 43, Algapur (Paschim),
Baruakandi, P.O. Dharmanagar,
P.S. Dharmanagar, District: North Tripura,
PIN:799 250
---Applicant -Accused
Persons
-Vs-
The State of Tripura
---Respondent
For Applicant(s) : Mr. Bibhal Nandi Majumder, Sr. Adv.
Mr. Samrat Sarkar, Adv.
Mr. Rounak Chakraborty, Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
01/08/2025
This pre-arrest bail application is filed for granting bail to the
accused-applicants namely Sri Dipankar Goswami and Sri
Subhankar Goswami in connection with Dharmanagar Women P.S.
Case No.13 of 2025 registered under Section 329(3)/74/117(2) &
351(2) of BNS.
Heard Learned Senior Counsel Mr. B. N. Majumder assisted
by Mr. S. Sarkar, Learned Counsel and Mr. R. Chakraborty,
Learned Counsel appearing for the applicants and also heard
Learned P.P. Mr. R. Datta appearing for the State.
As ordered earlier Learned P.P. produced the Case Diary.
The prosecution case in brief is that on 06.07.2025 at about
7.50 a.m. the informant of this case was waiting in order to
proceed towards Art School, Panisagar when her colleague Sur
Subhan Debnath came and that time the accused No.1 Subhankar
Goswami came there and started abusing her. That time some hot
altercation took place. After that she proceeded to her workplace
and left the P.O. Thereafter the accused Subhankar went to the
residence of the informant and threatened the mother of the
complainant and out of fear the mother of the informant called her
and after hearing the information she rushed to her house when
the accused Dipankar Goswami started abusing her in slang
languages and became furious and pushed the informant and he
also tried to outraged her modesty and when colleague of the
informant came to rescue that time the accused Subhankar
Goswami started assaulting him and not only that he also
assaulted the mother of the informant. This is the gist of the FIR.
The investigation of the case is in progress. I have perused
the CD and the materials so far collected and also the statement
of the witnesses so far collected by I.O. up to this stage of
investigation and also perused the injury report of the alleged
victim. The statement of the victim is also recorded by the
Learned Court below. Also perused the judgment of the Hon'ble
Supreme Court in Arnesh Kumar vs. State of Bihar & Anr.
reported in (2014) 8 SCC 273. From the facts and circumstances
of this case and also considering the materials on record it
appears to this Court that this is a fit case where consideration of
pre-arrest bail be granted to the applicant accused persons and
accordingly the application for granting pre-arrest bail to the
accused persons stands allowed. The applicant accused persons
may be released on bail of their execution of bond of Rs.25,000/-
with one surety of like amount to the satisfaction of the O/C of
concerned P.S. in the event of their arrest with the condition that
they shall appear before I.O. as and when called for and they shall
not make any attempt to tamper the evidences of the prosecution
nor they shall leave the jurisdiction without prior permission of the
concerned P.S. failing which the I.O. shall be at liberty to
approach for cancellation of bail to the Court of Learned
Jurisdictional Magistrate.
In view of the above, this bail application stands disposed of.
Send down the record to the Learned Trial Court.
Return back the CD to the I.O. through Learned P.P. along
with a copy of this order.
A copy of this order be supplied to Learned Senior Counsel
Mr. B. N. Majumder appearing for the applicants for information
and necessary action.
JUDGE
MOUMITA Digitally signed by
MOUMITA DATTA
DATTA Date: 2025.08.01
05:05:57 +05'30'
Moumita
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