Smt. Anita Pal vs The State Of Tripura
2026 Latest Caselaw 296 Tri

Tripura High Court

Smt. Anita Pal vs The State Of Tripura on 5 February, 2026

                    HIGH COURT OF TRIPURA
                          AGARTALA
                           B.A. No.7 of 2026

Smt. Anita Pal
W/O Sri Dhananjoy Pal,
Aged about 49 years,
Resident of Chinaihani, Sanitala, P.O. Airport-799015,
P.S. Airport, District-West Tripura.
                                                      ---- Applicant(s)
The accused person being lodged in judicial custody, the present
petition is preferred and presented by the mother of accused person,
named above:
Sri Dipankar Pal,
S/O-Sri Dhananjoy Pal,
Aged about 26 years,
Resident of Chinaihani, Sanitala, P.O. Airport-799015,
P.S. Airport, District-West Tripura.
                                                ---- Accused person(s)
                                Versus
The State of Tripura
                                                     ----Respondent(s)

For Petitioner(s) : Mr. Subham Majumder, Adv.

For Respondent(s)      :      Mr. Raju Datta, P.P.

             HON'BLE MR. JUSTICE BISWAJIT PALIT
                                Order

05/02/2026

This petition under Section 483(1)(b) of BNSS is filed

for granting bail to the accused-in-custody namely Dipankar Pal in

connection with Airport PS case No.079/2024 corresponding to

Special (NDPS)/43/2025 under Section 21(c)/20(B)/25/29 of

NDPS Act.

Heard Learned Counsel Mr. Subham Majumder appearing

on behalf of the accused-in-custody and also heard Learned P.P., Mr.

Raju Datta appearing on behalf of the State-respondent.

At the time of hearing, Learned Counsel for the accused-

in-custody has drawn the attention of this Court that initially on

behalf of this accused person in custody, another bail application

bearing No.B.A. No.98 of 2025 was moved before this Court and this

Court by order dated 28.10.2025 was pleased to dismiss the bail

application. In the meantime, according to Learned Counsel for the

accused-in-custody, another accused namely Samrat Barman who is

also involved in the said offence was released on bail by the Court of

Learned Special Judge, West Tripura, Agartala and on behalf of this

present accused, a bail application was moved to the Court of

Learned Special Judge, West Tripura, Agartala but by order dated

15.12.2025 in connection with Special(NDPS)/43/2025 passed by

Learned Special Judge, (Court No.2), West Tripura, Agartala, bail

application was dismissed on the ground of dismissal of bail

application on behalf of the said accused by this Court and as such,

under the compelling circumstances the accused-in-custody has

again preferred for bail before this Court. Learned Counsel further

submitted that the ground of arrest was not duly communicated to

the accused at the time of arrest and in view of the series of the

judgment of Hon'ble the Apex Court, the arrest was illegal. As such,

the accused is liable to be released henceforth or alternatively, he

prayed for releasing the accused on bail in any condition.

Learned P.P. appearing on behalf of the State-respondent

strongly refuted the submission made by Learned Counsel for the

accused-in-custody and submitted that at the time of disposal of the

earlier bail application by this Court on 28.10.2025, all the issues

were discussed and after detailed hearing, this Court by a detailed

order rejected the bail application in respect of 'grounds of arrest' as

alleged to be pleaded by the accused, and as such, there is no scope

to review the order passed by this Court at this stage. It was further

submitted that by this time trial of this case has been commenced

and few witnesses have been examined by the prosecution. So,

Learned P.P. fairly submitted that a direction may be given to the

Learned Trial Court below to conclude the trial within a reasonable

time and urged for dismissal of this bail application.

Considered.

I have heard both the sides and perused the relevant

papers annexed with the bail application. It is on record that on

28.10.2025 at the time of disposal of bail application bearing

No.BA/98/2025, all the issues were discussed by this Court regarding

the point of 'grounds of arrest' and this Court does not consider the

submission made on behalf of the accused-in-custody regarding

violation of the conditions of the 'grounds of arrest' and dismissed

the bail application and that order still stands good.

Admittedly, one of the accused has been released by the

Learned Trial Court by this time and there is no material on record

before this Court at this stage that the said order has been

challenged by the State before this Court or any other competent

Court.

Situated thus, considering the materials on record at this

stage, I find no scope to entertain the bail application on the same

ground which has already been discussed and decided by this Court

earlier and accordingly, this bail application has got no merit and

stands rejected.

However, since out of 15 numbers of witnesses only 4

witnesses have been examined, so, all endeavour should be made by

the Learned Trial Court to dispose of the case preferably within a

period of 6(six) months from the date of receipt of a copy of this

order.

With this observation, this present bail application stands

dismissed.

Send down the record to the Learned Trial Court along

with a copy of this order.

Also, a copy of this order be communicated to IO through

Learned P.P.

JUDGE

MOUMITA Digitally signed by MOUMITA DATTA

DATTA Date: 2026.02.06 16:42:28 -08'00' Deepshikha