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Tripura High Court
Accused vs The State Of Tripura on 18 March, 2026
HIGH COURT OF TRIPURA
AGARTALA
AB No.17 of 2026
Jaydul Hossain (25),
S/O- Anuar Hossain,
Resident of Durga Nagar,
Krishna Kishore Nagar,
Bishalgarh, P.S.- Bishalgarh,
District- Sepahijala, Tripura,
PIN-799102.
--- Accused-Petitioner
-Vs-
The State of Tripura
---Respondent
For Applicant(s) : Mr. Siraj Ali, Adv.
Mr. Tushar Ali, Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
18/03/2026
Heard Learned Counsel, Mr. Siraj Ali appearing on behalf of
the accused-petitioner and also heard Learned P.P., Mr. Raju
Datta appearing on behalf of the State-respondent.
This second pre-arrest bail application under Section 482 of
BNSS, 2023 is filed by the accused-petitioner for granting him bail
in connection with Bishalgarh Police Station Case No.2025-BLG-
054 for the offence punishable under Sections
126/117(2)/281/125B/105/351/74/61(2)/103/3(5) of the BNS &
184/187 of MV Act.
Today Learned P.P. has produced the Case Diary.
At this stage, Learned Counsel for the accused-petitioner
drawn the attention of the Court that initially this present
accused-petitioner and 5 (five) others filed another pre-arrest bail
application before this Court and this Court by order dated
19.09.2025 in A.B. No.67 of 2025 was pleased to grant bail to
accused Amir Hossain, Tajul Islam and Sahadul Alam but refused
to consider bail of the present accused-petitioner and rest 2 (two)
other accused persons. In the meantime, the I/O has come across
a considerable stage of investigation and by this time 3 (three)
more other accused-persons have been released on bail.
It was further submitted by Learned Counsel for the
accused-petitioner that, on the alleged day, the present accused-
petitioner was not driving the vehicle but he has been falsely
implicated in this case. So considering the materials on record,
Learned Counsel for the petitioner prayed for releasing the
accused on bail in any condition.
On the other hand, Learned P.P. producing the Case Diary
drawn the attention of the Court referring some pages of the Case
Diary and submitted that in course of investigation some of the
witnesses specifically reveled the name of the present accused-
petitioner along with others and the Learned Jurisdictional
Magistrate also recorded the judicial statement of some witnesses
and from the statements of those witnesses as well as the other
witnesses the prima facie involvement of the present accused-
petitioner cannot be ruled out .
It was further submitted by Learned P.P. that, till today this
accused-petitioner is found to be absconding and he has not
surrendered either before the police station or to the Learned
Court below.
Learned P.P. further drawn the attention of the Court
referring the earlier order dated 19.09.2025 passed by this Court
wherein in Page No.6 there was a clear observation showing
implication of the petitioner with the alleged crime. Alternatively,
Learned P.P. also submitted that since the accused-petitioner
could not project any sufficient materials to consider pre-arrest
bail and as such the subsequent second bail application cannot be
sustained and it needs to be rejected henceforth.
Considered.
The prosecution case was registered on the basis of an FIR
laid by one Halim Miah to O/C, Bishalgarh P.S. alleging inter alia
that on 19.06.2025 in the night at about 7:45 pm when he was
sitting in the grocery shop of one Kanu Miah, that time he noticed
that near Ganiyamara Bazar on Ratan Nagar main road two
unknown people by riding one motorcycle were coming from the
side of Bishalgarh, Durga Nagar, that time from the opposite side
another motorcycle bearing NO.TR07-D-5425, (Bajaj Pulsar 220
CC), being driven by Tapajjal Hossain was proceeding towards
Durga Nagar, when some hot altercation took place in between
said Tapajjal Hossain and the rider of those motorcycle which was
coming from Bishalgarh, Durganagar side regarding Dimmer light
of motor cycle and that time, those riders started assaulting
Tapajjal Hossain and Tapajjal Hossain made phone call when by
riding one Maruti Suzuki Swift bearing No.TR07E0682 few persons
namely Faruk Miah, Tapajjal Hossain, Suman Miah, Sahid Miah,
Ripan Miah, Asif Miah, Joydul Hossain, Meru Miah, Ujjol Hossain,
Fizul Miah came and started assaulting and due to physical assault
Tapajjal Hossain fell down on the road and sustained injuries. That
time, the informant and the neighbouring persons appeared
therein when Tapajjal fled away and at the time of fleeing away
the said vehicle was driven by one Faruk Miah and due to rash and
negligent driving dashed against his sister, husband of his sister
and rushed away resulting which his sister, his brother-in-law and
two others sustained bleeding injury and immediately they were
shifted to Bishalgarh Sub Division Hospital and from where they
were shifted to TMC Hapania Hospital for better treatment and at
TMC Hapania Hospital his brother-in-law namely Rajjak Miah
succumbed to his injuries. Hence, the informant laid the FIR. On
the basis of the FIR, the case was registered by O/C of the
concerned P.S.
I have heard both the sides at length and perused the Case
Diary.
The earlier pre-arrest bail application filed by this accused-
petitioner was disallowed by this Court on 19.09.2025. It is the
admitted position that, initially when the pre-arrest bail application
was filed prima facie on the basis of some statement of the
witnesses incriminating materials reveled against this accused-
petitioner, so this Court did not consider it necessary to grant pre-
arrest bail to him. But from the Case Diary, it appears to this
Court that, the I/O in course of investigation during the month of
June, 2025 recorded the statement of some of the witnesses but
therefore the I/O could not collect any material against this
present accused-petitioner. Even after 19.09.2025 no material has
collected against the petitioner showing his implication with the
alleged crime.
Furthermore, there is also no evidence on record, at this
stage, that the present accused-petitioner was driving the vehicle
on that relevant point of time. There is also no legal embargo for a
person to pray for successive pre-arrest bail applications to
substantiate his legal rights. There is also no dispute on record at
this stage that by this time some of accused persons have been
granted bail.
So, considering the nature and the present stage of
investigation and also the fact that some of the other accused
persons have already been granted bail either by this Court or by
the Learned Trial Court, I am inclined to consider pre-arrest bail
application to this present accused-petitioner in the event of his
arrest of his execution of bond of Rs.1,00,000/- (Rupees One
Lakh) with one surety to the satisfaction of O/C of the concerned
P.S. with the following terms and conditions:-
i. That the accused shall not make any inducement,
threat to any of the witnesses of the prosecution
during the stage of the investigation and trial if
any.
ii. The accused shall not leave the jurisdiction of O/C
of concerned P.S. without prior permission.
iii. The accused shall make himself available for
interrogation by I/O as and when called for.
In the event of violation of the conditions of the bail, the I/O
shall be at liberty to approach to the competent Court for
cancellation of pre-arrest bail granted to the said accused-
petitioner.
With this observation, this present pre-arrest bail application
stands disposed of.
Return back the CD to I/O through Learned P.P. along with a
copy of this order.
Supply a copy of this order to Learned Counsel for the
accused-petitioner for information and compliance.
JUDGE
Amrita
AMRITA Digitally signed by
AMRITA DEB
DEB Date: 2026.03.18
16:57:27 +05'30'
