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2025 DAILYLAW 1085 (TRI)

Sahaparan Miah and Anr. v. The State of Tripura

AB/47/2025 · 2025-07-17

Biswajit Palit

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA AB No.47 of 2025 Sahaparan Miah and Anr. ---Applicant(s) Versus The State of Tripura ----Respondent(s) For Applicant(s) : Mr. Samar Das, Adv. For Respondent(s) : Mr. Rajib Saha, Addl. P.P. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 17/07/2025 This pre-arrest bail application under Section 482 of BNSS is filed for granting bail to the accused-applicants in connection with Madhupur P.S. Case No.39 of 2024 under Section 109(1)/324(4)/324(5)/61(2)/351(2) and 3(5) of BNS read with Section 3(A) of Explosive Substance Act, 1908. Heard Learned Counsel Mr. S. Das appearing for the accused-applicants and also heard Learned Addl. P.P. Mr. R. Saha appearing for the State. As ordered earlier Case Diary is also produced today by Learned Addl. P.P. Mr. R. Saha appearing for the State. Learned Counsel Mr. Das appearing for the accused- applicants submitted that these present applicants have been falsely implicated in this case. The name of the present applicants have been mentioned in the FIR but on the basis of presumption they have entangled with the case. So considering the materials on record Learned Counsel urged for granting pre-arrest bail to the accused-applicants. On the other hand, Learned Addl. P.P. opposed the bail application and submitted that there are sufficient materials showing implication of the alleged accused persons with the alleged offence and by this time the I.O. has collected sufficient materials showing their implication with the alleged offence. So if at this stage they have granted pre-arrest bail the investigation of the case would be hampered. It was further submitted that earlier these accused-applicants approached for pre-arrest bail to the Court of Learned Addl. Sessions Judge which was also rejected by the Learned Addl. Sessions Judge, Sepahijala District, Bishalgarh in connection with Bail Application No.14 of 2025. Considered. In this case the prosecution was set into motion on the basis of an FIR laid by one Raju Deb to O/C, Madhupur Police Station alleging inter alia that on 01.12.2024 after having dinner the informant and his family members went to bed and in the early morning of 02.12.2024 at around 3.30 am suddenly hearing some loud sound of explosion they woke up from sleep and started shouting to save their life. After some time they came out and found that there was smoke surrounded and they realized that there was an attempt of murder attacking their whole family and a bomb was discharged on his living room to carry out the heinous act. It was further submitted that since last few days there was dispute between him and the accused persons mentioned in the FIR namely Sahajalal Miah, Sahaparan Miah, Akash Dey and Balaram Datta. Hence the informant laid the FIR. Accordingly on the basis of the FIR this case has been registered. In course of investigation the I.O. has produced Akash Dey and Balaram Datta before the Court on 03.12.2024 under arrest and later on by order dated 16.01.2025 they were granted interim bail. I have also perused the CD. By this time the I.O. has collected some materials and recorded statement of some of the materials witnesses who are conversant with the facts of this case and also perused the report of the SFSL. It appears that there are valid reasons showing implication of the accused persons with the alleged crime. So considering the materials on record at this stage I do not find any scope to grant pre-arrest bail to the accused persons. Hence the bail application filed by the accused-applicants stand rejected. The accused-applicants may surrender before the Learned Trial Court. In view of the above, this bail application stands disposed of. Send down the record to the Learned Trial Court along with a copy of this order. Returned back the CD to the I.O. through Learned Addl. P.P. along with a copy of this order. JUDGE Moumita MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.07.17 06:15:12 +05'30'