Loknath Debnath vs The State Of Tripura
2025 Latest Caselaw 868 Tri

Tripura High Court

Loknath Debnath vs The State Of Tripura on 26 August, 2025

                     HIGH COURT OF TRIPURA
                           AGARTALA
                         A.B.No.58 of 2025

Loknath Debnath,
Age 30 years,
son of Haripad Debnath,
resident of Khamartilla,
P.S. Kalyanpur, District-Khowai Tripura,
Pin-799207

                                                             ---- Applicant(s)
                                  Versus

The State of Tripura,
(To be represented by the Learned Prosecutor,
Hon'ble High Court of Tripura)
                          [---
                                                 ----Respondent(s)

______________________________________________________ For Applicant(s) : Mr. Samarjit Bhattacharjee, Adv. For Respondent(s) : Mr. Rajib Saha, Addl. P.P. ________________________________________________________

HON'BLE MR. JUSTICE BISWAJIT PALIT

Order 26/08/2025 This pre-arrest bail application under Section 482 of BNSS is

filed for granting pre-arrest bail against the petitioner accused in

connection with Khowai P.S. Case No.27 of 2025 under Section

126(2)/132/121(2)/109/3(5) of BNSS.

Heard Learned counsel, Mr. Samarjit Bhattacharjee

appearing on behalf of the petitioner accused and also heard Learned

Addl. P.P., Mr. Rajib Saha appearing on behalf of the State-respondent.

As ordered earlier, the Case Diary is produced by Learned Addl. P.P.

and received the record from the Learned Trial Court.

Taking part in the hearing, Learned counsel for the

petitioner first of all drawn the attention of the Court referring the

contents of the FIR and submitted that there is only one allegation

against the present petitioner accused on that relevant point of time the

petitioner who was found to be involved in some other forest cases in

other sub-division under the district. Excepting this allegation, no other

allegations are there against the petitioner accused. It was further

submitted by Learned counsel that till today the present petitioner was

not behind the bar in any other cases and furthermore, during

investigation of the case, the prosecution also could not submit

sufficient medical evidence on record to substantiate the imputation

leveled against the present petitioner accused. So, in summing up

Learned counsel urged for granting pre-arrest bail to the petitioner

accused in any condition.

Reference was made in one of the judgment of the Supreme

Court of India in Siddharam Satlingappa Mhetre versus State of

Maharashtra and Others reported in (2011) 1 SCC 694 wherein in

para Nos.89, 90 and 112 Hon'ble the Apex Court observed as under :

"89. It is imperative for the courts to carefully and with meticulous precision evaluate the facts of the case. The discretion must be exercised on the basis of the available material and the facts of the particular case. In cases where the court is of the considered view that the accused has joined investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided.

90. A great ignominy, humiliation and disgrace is attached to the arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre-conviction stage or post- conviction stage. Whether the powers under section 438 Cr.P.C. are subject to limitation of section 437 Cr.P.C.?"

112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:

i. The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

ii. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; iii. The possibility of the applicant to flee from justice; iv. The possibility of the accused's likelihood to repeat similar or the other offences.

v. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her.

vi. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people. vii. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of sections 34 and 149 of the Indian Penal Code, the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;

viii. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full

investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused; ix. The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

x. Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail."

Referring the same, Learned counsel submitted that in the

aforesaid case also the Hon'ble Supreme Court granted bail and

considering the present nature of the prosecution, there is no scope to

disallow the bail application filed by the petitioner accused. So, Learned

counsel urged for considering the bail application.

On the other hand, Learned Addl. P.P. opposed the bail

application filed by the petitioner accused and referring the statements

of witnesses recorded by IO during the stage of investigation urged

before the Court that the materials on record do not justify to consider

the pre arrest bail application filed by the petitioner accused. So,

Learned Addl. P.P. prayed for dismissal of the pre arrest bail application

filed by the petitioner accused.

Considered.

In this case, the gist of the prosecution in short is that on

09.06.2025 one Ratnajit Chakma, Forest Range Officer of Tulashikhar

Forest Range laid an FIR to O/C Khowai P.S. alleging inter alia that on

09.06.2025 at 11.30 am based on the secret information he along with

In-Charge Forest Protection Unit, Khowai and his team went to

Bachaibari area and found one Bolero Pick Up vehicle bearing

registration No.TR08D1675 loaded with some illegal sawn timber

stranded at Bachaibari area along the NH--208 and thereafter the

vehicle was seized with illegal sawn timber. It was further submitted

that on that relevant point of time based on another information a part

of their team was sent to Kamala Bagan area under Champahour P.S.

and in the meantime due to shortage of staff he himself started driving

the vehicle from the forest range office at Khowai along with few staffs.

On the way few persons stopped their vehicle showing Barak bamboo

and G.I. pipe at Barabil area under Khowai P.S. The condition of the

place so selected over the NH-208 was very poor and taking that as an

advantage, they have attacked within a few second for snatching the

said vehicle from their custody. They hit the vehicle as well with G.I.

pipe, Barak bamboo and damaged the vehicle also. They also have hit

his staff namely Sri Biplab Majhi, Forest Guard with glass bottle. But

they could not apprehend the attackers due to shortage of staffs but

among them one person namely Sri Loknath Debnath have been

identified who was found involved in other forest cases in other sub

divisions under the District. Thereafter, they took the vehicle at Forest

Range office, Khowai for safe custody and also intimated the CJM Court,

Khowai about the seizure with Form No.07. They went to Khowai

Hospital for immediate treatment of himself and other staff. The attack

was so dreadful and the consequences has made blood clot in his back.

Due to the severeness and treatment he could not submit his request

on the day for FIR. These are the sum and substances of the FIR.

I have also perused the case diary produced by Learned

Addl. P.P. By this time the IO has recorded the statement of some of

the witnesses who are conversant about the facts of the present case.

Also I have perused the injury report of the victims. According to the

concerned Medical Officer the injury report of the victims are simple in

nature and all the witnesses of the prosecution whose statements have

been recorded by IO also reiterated the same fact as narrated by the

informant in the FIR. Further, from the contents of the FIR it also could

not be ascertained as to how the present petitioner accused participated

in the alleged commission of offence. The citation as referred by

Learned Counsel for the petitioner has also discussed about the

principle in dealing with the matters in respect of granting pre arrest

bail.

So, considering the facts and circumstances and after

hearing both the sides it appears to this Court that this is a fit case

where the concession of pre arrest bail can be granted to the present

petitioner. So considering all, the pre-arrest bail application filed by the

accused applicant is hereby allowed. The accused applicant namely,

Loknath Debnath may be released on bail in the event of his arrest of

his execution of bond of Rs.25,000/- (Rupees twenty five thousand)

with one surety of like amount to the satisfaction of O/C of concerned

PS with the following terms and conditions :-

(i) The accused-applicant shall make himself available before I/O as and

when called for, for the sake of investigation.

(ii) The accused applicant shall not leave the jurisdiction of O/C of

concerned PS till completion of investigation or without permission of

O/C.

(iii) The accused applicant shall not make any attempt to tamper

evidence on record of prosecution. In the event of violation of the terms

and conditions of the bail, the I/O shall be at liberty to approach to the

concerned Court by filing appropriate application in due course of time

for cancellation of bail.

This pre-arrest bail application accordingly stands disposed

of and allowed.

Return back the CD to the I/O through Learned P.P. along

with a copy of this order. Also a copy of this order be supplied to

Learned Counsel appearing for the applicant.

Send down the record of Learned Trial Court along with a

copy of this order.

JUDGE Sabyasachi B

MOUMITA Digitally signed by MOUMITA DATTA

DATTA Date: 2025.08.27 06:40:19 +05'30'