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Tripura High Court
Sri Biplab Dey vs The State Of Tripura Represented By The ... on 16 December, 2025
-1-
HIGH COURT OF TRIPURA
AGARTALA
AB No. 87 of 2025
Sri Biplab Dey, S/o Lt. Banka Behari Dey, R/o Narayanpur
Pecharthal PS- Pecharthal, District: Unokoti, Tripura.
....Applicant(s)
Versus
The State of Tripura represented by the PP, High Court of
Tripura, Agartala.
....Respondent(s)
For Applicant(s) : Mr. H.K.Bhowmik, Advocate.
Mr. D.Roy, Advocate.
For Respondent(s) : Mr. R.Saha, Addl.PP.
Date of hearing & : 16.12.2025
Delivery of Judgment /
Order
Whether fit for reporting:
Yes No
=B=E=F=O=R=E=
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
Judgment and Order(Oral)
Heard Ld. Counsel of both sides.
[2] The application under Section 482 of Bharatiya
Nagarik Suraksha Sanhita,2023('BNSS'- for short), is filed by
the present accused Biplab Dey praying for pre-arrest bail in
connection with Pecharthal P.S. Case No. 19 of 2025 dated
25.10.2025 registered under Sections 331(2)/ 117(2), 3(5)
of Bharatiya Nyaya Sanhita Act, 2023 ('BNS'-for short).
[3] The gravamen as contained in the FIR lodged by
the victim, in brief, are that on 24.10.2025 after enjoying an
orchestra programme, he was sleeping in his ice factory, the
premise of which was taken on rent by him from another
person. At that time, suddenly the present accused along
with another person namely Sailesh Debnath knocked his
door and when he opened it, Biplab Dey, with sharp cutting
'dao' gave a blow on his head with force. When he tried to
escape, he sustained injury in his left eye. Second time,
again he tried to give another hit by his 'dao' and he again
tried to escape, sustained injury on his waist due to such
stroke. At that time, his land lord Ashutosh Dhar arrived
there and the accused persons fled away.
[4] Both the accused persons submitted petition for
pre-arrest bail before the Ld. Sessions Judge, Unakoti District
who allowed the bail application of co-accused Sailesh
Debnath, but, rejected the bail application of Biplab Dey
considering the criminal antecedents of the accused that
there were some other cases pending against him.
[5] During hearing, Ld. Counsel Mr. H. K. Bhowmik of
the applicant, submits that to the knowledge of the petitioner
there is no case pending against him in any of the police
station and due to previous enmity he has been falsely
implicated in the present case.
[6] Ld. Counsel, Mr. Bhowmik also submits that if
released on bail, he will regularly give his attendance before
the IO to face interrogation and will cooperate with the
investigation.
[7] Ld. Addl. PP, Mr. R. Saha, however, opposes the
prayer by referring to a letter issued by the IO to him
mentioning pendency of 4 other police cases against Biplab
Dey in the said police station. Ld. Addl. PP also submits that
on 3 occasions, notice under Section 35(3) of BNSS was
issued to the accused but, that could not be served as the
family members of the accused had refused to accept the
same and the accused was not also present in the house.
[8] Ld. Addl. PP, Mr. R. Saha has also placed before
the Court the injury report of the present victim which shows
existence of one simple cut injury on the forehead of the
victim caused by sharp weapon.
[9] The Court has taken into consideration the
submissions of both sides.
[10] As it appears, already the co-accused is granted
pre-arrest bail by the Ld. Sessions Judge. In the CD there is
one bald statement of one witness that earlier also on several
occasions, said accused Biplab Dey was engaged in physically
assaulting others.
[11] The injury report indicates simple injury on the
applicant as mentioned above. Further it appears that
Investigating Officer earlier has issued notices under Section
35(3) of BNSS to him which could not be served upon him
and this fact itself indicates that during investigation, IO was
not in the mind to arrest the accused for the sake of
investigation.
[12] Considering all these aspects, the bail prayer is
allowed.
[13] It is ordered that in the event of arrest in
connection with Pecharthal P.S. Case No.19 of 2025, the
accused applicant Biplab Dey shall be released on bail on
furnishing a bond of Rs. 40,000/- with one surety of like
amount to the satisfaction of the arresting authority on
conditions that:
i) he will give his attendance once in a fortnight for the next
3 months in the Pecharthal PS to face interrogation;
ii) he will not try to influence or terrorize any of the
witnesses of the case so as to dissuade him / them from
divulging the truth before the Investigating Officer or before
the Court and;
iii) he will regularly appear before the Court to face trial;
[14] With such observations and directions, the
application is disposed of.
Return the CD to Ld. Addl. PP with copy of this
order.
JUDGE
Saikat Sarma
RUDRADEE Digitally signed by
RUDRADEEP BANERJEE
P BANERJEE 18:30:14
Date: 2025.12.16
+05'30'
