Tripura High Court
Sri Rajendra Debbarma vs The State Of Tripura on 21 May, 2025
HIGH COURT OF TRIPURA
AGARTALA
B.A. No.35 of 2025
Sri Rajendra Debbarma
S/O Mangal Debbarma
Resident of Mandainagar,
PS-Mandai, West Tripura
---- Applicant(s)
For and on behalf of
Sri Lento Debbarma
S/O Sri Rajendra Debbarma,
Resident of Mandainagar,
PS-Mandai, West Tripura
---- Accused Person(s)
Versus
The State of Tripura
----Respondent(s)
For Applicant(s) : Mr. Bibhal Nandi Majumder, Sr. Adv,
Mr. Rounak Chakraborty, Adv,
Mr. Samrat Sarkar, Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
21/05/2025
This bail application under Section 483 of BNSS, 2023
is filed for releasing the accused in custody Sri Lento Debbarma in
connection with Mandai PS case No.2025MDI002 for the offence
punishable under Section 127(1)/118(1)/109(1)/351(1)/3(5) of
BNS, 2023.
Heard Learned Senior Counsel Mr. Bibhal Nandi
Majumder assisted by Learned Counsel Rounak Chakraborty and
Learned Counsel Mr. Samrat Sarkar appearing on behalf of the
accused in custody. Also heard Learned P.P. Mr. Raju Datta
appearing on behalf of the State-respondent.
As ordered earlier the record from the Court of Learned
Jurisdictional Magistrate is received.
Learned P.P. has also produced the Case Diary as
ordered earlier.
In course of hearing Learned Senior Counsel drawn the
attention of the Court that the materials on record has not
justified the detention of the accused in custody and he further
submitted that this accused is lodging on jail on and from
19.04.2025. So considering the materials on records the accused
may be released on bail in any condition. Learned Senior Counsel
also referred one citation of the Hon'ble Supreme Court of India
reported in 2023 SCC OnLine SC 1581 [titled as Sivaram and
another vs. State dated 28.11.2023] wherein in para No.10
Hon'ble the Apex Court observed as under:
"10. Having considered the facts and circumstances
of the case and submissions of learned counsel for
the parties, this Court is convinced that the
Impugned Judgment of the High Court requires to
be interfered with. Admittedly, there is no
allegation of repeated or severe blows having been
inflicted. Even the injuries on PW1 and PW2 have
been found to be simple in nature, which is an
additional point in the appellants' favour."
On the other hand, Learned P.P. opposed the bail
application and submitted that for the sake of justice the bail
application be dismissed.
Considered.
In this case the prosecution was set into motion on the
basis of FIR laid by one Santosh Debbarma, the informant himself
alleging inter alia that on 17.04.2025 at about 11.50 PM he
arrived in front of Mandai hospital to purchase some essential
goods that time the accused persons Lento Debbarma, Ashit
Debbarma, Akash Debbarma along with others suddenly detained
him on the road and started assaulting him by fist and blows and
also by kick. As a result of which he fell down on the road and
sustained injuries. That time one Dipak Debbarma, his near
relative tried to interfere when the accused persons threatened to
kill him. In the mean time accused Lento Debbarma tried to inflict
stab injury upon his person as a result of which he sustained
severe bleeding injury and thereafter the neighbouring persons
appeared and the accused persons fled away. On the basis of FIR
this case was registered. The investigation is under progress. By
this time the IO has collected some materials and also recorded
some statements of some other witnesses who are conversant
with the facts and circumstances of the case.
I have perused the relevant prosecution papers and
also the injury report of the victim. From the injury report of the
victim and also the materials so far collected by IO upto this stage
of investigation I do not find sufficient materials which justify his
further detention in custody. So, considering the facts and
circumstances of the case and the materials on record I would like
to consider the bail application filed by the accused. Accordingly
the accused Lengto Debbarma who is relinquishing in jail may be
released on bail of his furnishing of bond of Rs.25,000/- with one
surety of like amount to the satisfaction of Learned CJM, West
Tripura, Agartala with the following conditions:
i) The accused shall not threaten or tamper the
evidence on record of the prosecution.
ii) The accused shall not leave the jurisdiction of the
Court without any prior intimation.
In default, the accused shall remain in J/C as before.
With this observation the bail application is allowed and
disposed of.
Send down the LCR along with a copy of this order.
Return back the Case Diary to IO through Learned P.P.
A copy of this order also be supplied to Learned P.P. in
course of the day.
JUDGE
MOUMITA Digitally signed by
MOUMITA DATTA
DATTA Date: 2025.05.21 18:08:16
-07'00'
Deepshikha
