HIGH COURT OF TRIPURA AGARTALA A.B. No.57 of 2025 1. Sri Asit Debbarma, S/O Sri Sahadeb Debbarma, aged about 22 years, Resident of Ramnath Chowdhury Para, P.O. Ashighar, P.S.-Mandwai, District-West Tripura. 2. Sri Akash Debbarma, S/O Sri Kartik Debbarma, aged about 23 years, Resident of Devchandra Para, P.S.-Mandwai, District-West Tripura. ---- Applicant(s) Versus The State of Tripura ----Respondent(s) For Applicant(s) : Mr. Sankar Lodh, Adv, Mr. Subham Majumder, Adv. For Respondent(s) : Mr. Raju Datta, P.P. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 11/08/2025 This pre-arrest bail application under Section 482 of BNSS, 2023 is filed for granting bail to the accused persons namely, Asit Debbarma and Akash Debbarma in connection with Mandwai PS case No.2 of 2025 for the offence punishable under Section 127(1)/118(1)/109(1)/351(1)/3(5) of BNS, 2023. Heard Learned Counsel, Mr. Sankar Lodh along with Learned Counsel, Mr. Subham Majumder appearing on behalf of the accused-applicants 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 applicants drawn the attention of the Court that by order dated 21.05.2025 this Court granted bail to another co-accused Lento Debbarma in connection with this case and the present two 2 accused persons also stands on the same footing like that accused person. So, considering the materials on record, Learned Counsel urged for granting the concession of pre-arrest bail to the present accused persons. On the other hand, Learned P.P., Mr. Raju Datta appearing on behalf of the State-respondents submitted that although the bail was granted to accused person namely Lento Debbarma but he was in custody for a considerable period and after considering the materials on record, this Court granted bail to that accused. It is further submitted by Learned P.P. that the bail granted to said Lento Debbarma cannot be a sole ground for releasing the present accused applicants on pre-arrest bail. Learned P.P. finally urged for rejecting the pre-arrest bail application filed by the present accused-applicants as the investigation of the case is in progress. In this case, the prosecution was set into motion on the basis of an FIR laid by the victim namely Santosh Debbarma alleging inter alia that on 17.04.2025 at around 11:50 p.m. when he arrived in front of Mandwi Hospital to purchase some essential goods, that time the accused persons namely, Lento Debbarma, Ashit Debbarma and Akash Debbarma along with some 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 ground and sustained injuries. That time one Dipak Debbarma, his near relative came forward to rescue him when the accused persons also threatened him. In the meantime, accused person namely, Lento Debbarma tried to inflict stab injury upon 3 said Santosh Debbarma as a result of which he sustained severe bleeding injury and thereafter the accused persons fled away. On the basis of said F.I.R., the present case has been registered. The investigation of the case is in progress and by this time, the IO has collected some materials against the present applicants and others showing their involvement with the alleged offence. I have also gone through the injury report of the alleged victim Santosh Debbarma which appears to be simple in nature. So, considering the materials on record as well as the injury report, I do not find any scope to disallow the pre-arrest bail application filed by the present accused-applicants. Accordingly, the pre-arrest bail application filed by the present accused-applicants stands allowed. The accused-applicants may be released on bail in the event of their arrest of their execution of bond of Rs.25,000/- with one surety of like amount each to the satisfaction of O/C of the concerned PS with the following terms and conditions: i) That the accused-applicants shall not threaten or tamper the evidence on record of the prosecution. ii) That the accused-applicants shall not leave the jurisdiction of the O/C of the concerned PS without prior permission. iii) That the accused-applicants shall make themselves available before IO as and when called for. 4 In case of violation the IO shall be at liberty to approach to the concerned Court for cancellation of the bail granted to the applicant-accused persons. With this observation, this anticipatory bail application stands disposed of. A copy of this order be supplied to Learned Counsel for the accused-applicant. Send down the record of Learned Trial Court along with a copy of this order. Return back the Case Diary to IO through Learned P.P. along with a copy of this order. JUDGE Deepshikha MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.08.12 10:27:22 -07'00'