Tripura High Court
Sanku Sukla Baidya vs The State Of Tripura on 4 July, 2025
HIGH COURT OF TRIPURA
AGARTALA
A.B. No.46 of 2025
Sanku Sukla Baidya,
S/o- Shri Shashadhar Baidya,
Resident of Bhagyapur, Sonamukhi,
P.S.- Kailasahar, Unakoti Tripura,
PIN- 799280
----Applicant(s)
Versus
The State of Tripura
[---
----Respondent(s)
_________________________________________________________
For Applicant(s) : Mr. Koushik Datta, Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
Mr. Rajib Saha, Addl. P.P.
___________________________________________________
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
04/07/2025
This bail application under Section 482 of BNSS, 2023 has
been filed for granting pre-arrest bail application to the accused-
applicant in connection with Churai Bari PS Case No.012 of 2025 under
Section 80/85/3(5) of BNS, 2023.
Heard Learned Counsel, Mr. K. Datta appearing on behalf of
the accused-applicant and also heard Learned Addl. P.P., Mr. R. Saha
appearing on behalf of the State-respondent.
At the outset, the Learned Addl. P.P., Mr. R. Saha raised
question regarding maintainability of the second bail application on the
same identical ground and drawn the attention of the Court that no new
grounds have been mentioned in the application for granting pre-arrest
bail by the applicant as such the same cannot be entertained at this
stage.
Learned Addl. P.P., Mr. R. Saha appeared on behalf State-
respondent further submitted that, this Court vide order dated
28.05.2025 in another vide application No.A.B. No.39 of 2025 filed by
the same applicant and on perusal of the CD rejected his bail
application. So, at this stage, considering the materials on record there
is no scope to entertain the application filed by the applicant.
It is further submitted that there is an allegation against the
applicant that on the day when the deceased was found missing that
day also the present applicant appeared to the residence of the father
of the victim and assaulted her in presence of witnesses and
furthermore, there is/are evidences against him showing causing cruelty
upon the victim by the accused-applicant. So, according to Learned
Addl. P.P. in view of the judgment passed by the Hon'ble High Court of
Punjab and Haryana and High Court of Rajasthan, there is no scope to
entertain the present application for pre-arrest bail.
On the other hand, Learned Counsel Mr. K. Datta appeared
on behalf of the accused-applicant submitted that although he
submitted a bail application earlier which was rejected by this Court but
the fact remains that the accused is serving under the Armed Force and
if he is arrested he will lose his job and furthermore, the applicant has
got a minor child and for the purpose of nursing and care of the baby,
in absence of mother application filed by the applicant be allowed for
the sake justice.
Considered.
Perused the application for granting pre-arrest bail and the
relevant papers. It appears that the marriage between the present
applicant and the deceased victim was held on 04.03.2022 according to
Hindu rites and customs and out of their wedlock, the deceased victim
delivered one child who is now aged about two years. According to the
prosecution after three months of marriage all the accused persons as
mentioned in the FIR including the present applicant started demanding
Rs.2,00,000/- and the present applicant created pressure upon the
victim for the said amount and the victim informed the matter to her
father. Not only that this present applicant and his other family
members caused mental and physical torture upon the victim for dowry
and in this regard so many village conciliations took place. After seven
months of marriage the present accused-applicant again demanded the
said amount and started quarreling with the victim and left her in her
parental home during her pregnancy and in this regard a village
meeting was held and the victim again went back to her matrimonial
home. During that period it was revealed that the accused applicant had
some illicit relationship with a lady and due to continuous torture the
victim became ill. On 28.03.2025 the informant the father of the victim
brought his daughter at his residence for her treatment. Thereafter on
18.04.2025 the accused applicant visited his matrimonial home and
started quarrelling with the victim and at about 03.00 p.m. on that day
the applicant after causing physical torture upon the victim left his in-
law's house. Thereafter, on 19.04.2025 at about 01.00 p.m. the
informant on receipt of the information went to the Dharmanagar
District Hospital and found the dead body of his daughter i.e. the victim
and identified the same. These are the sum and substance of the FIR.
On the basis of the FIR, the aforesaid case was registered and Learned
District Judge, North Tripura, Dharmanagar by order dated 07.05.2025
in connection with Case No.Bail Application No.22 of 2025 allowed bail
to the parents of the applicant on the ground that they were aged about
more than 60 years and no materials were found against them for
application of Section 80 of BNS. It is the admitted position that by
order dated 28.05.2025, the pre-arrest bail application filed by the
present-applicant was dismissed by this Court. This present case was
registered on 23.04.2025 by O/C, Churaibari Police Station, North
Tripura, Dharmanagar.
I have also perused the CD very carefully and there is no
dispute on record that the victim was the legally married wife of the
present accused-applicant. From the statements of witnesses so far
collected by I/O, it appears that certain materials were there against
the present-applicant causing cruelty upon the victim by the present-
applicant claiming money. On 28.05.2025 at the time of consideration
of the pre-arrest bail application, perusing those materials on record his
bail application was rejected on the ground that the case was at the
very preliminary stage of investigation and I/O needed to be given
some time to investigate the case properly. Thereafter, a considerable
period has been elapsed and by this time the I/O also has collected
some materials in course of the investigation of the case to implicate
the applicant with the alleged crime. But from the materials so far
collected after 28.05.2025 till yesterday, I do not find sufficient
materials showing that that this present accused-applicant was
facilitated the victim to commit suicide or there is no evidence on record
that he directly was responsible for death of his wife as her dead body
was found on the railway line which was later on recovered by the
police.
I have also perused the relevant provision of erstwhile
Cr.P.C. and the BNSS. As referred by Learned Addl. P.P., I find there is
no legal bar to file successive bail application in respect of the same
subject matter. But at the same time, it is on record that the present
applicant could not place any sufficient grounds in the application at the
time of filing fresh bail application. However, but that does not curtail
his right to approach for bail and there is also no bar legally to consider
the bail application if there is no materials on record. Knowing the fact
that the initial bail application was rejected by this Court on the ground
that case was at the very prematured stage and by this time a
considerable time has been elapsed and nothing new could be collected
by the I/O showing his direct involvement with the alleged offence or
there is no evidence on record for his commission of offence for which
the victim was compelled to commit suicide or the applicant facilitated
the victim to commit suicide.
Situated thus, at this stage I am inclined to consider his
pre-arrest bail application but with certain terms and conditions that the
accused applicant may be released on bail of his execution of bond of
Rs.1,00,000/- (Rupees one lakh) with one surety of like amount to the
satisfaction of O/C of the concerned police station in the event of his
arrest with the following conditions:
i) That the accused shall not leave the jurisdiction of the
Court without the prior permission of the O/C of the concerned P.S.
ii) The accused-applicant shall not make any attempt to
tamper or abuse the record of the prosecution during the period of bail.
iii) The accused-applicant shall attend before I/O on every
Monday and Thursday till completion of investigation of this case. In
course of investigation if there is any violation from the side of applicant
in this case, the I/O shall be at liberty to approach to the concerned
Court.
With this observation, this anticipatory bail application
stands disposed of.
Send down the record of the Learned Trial Court along with
a copy of this order.
Return back the CD to I/O through Learned Addl. P.P. along
with a copy of this order.
JUDGE
Amrita
AMRITA Digitally signed by
AMRITA DEB
DEB Date: 2025.07.04
17:43:46 +05'30'
