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2025 DAILYLAW 1147 (TRI)

Sri. Nagendra Sutradhar for and on behalf of Anip Sutradhar v. The State of Tripura

BA/64/2025 · 2025-08-07

Biswajit Palit

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA BA No.64 of 2025 Nagendra Sutradhar, Son of Debendra Sutradhar, Mohanpur, Paschim Taranagar, District: West Tripura, PIN:799 211 ---Petitioner on behalf of Accused person in-custody Anip Sutradhar, Son of Sri Nagendra Sutradhar, Resident of Shanitala, P.O. Taranagar, P.S. Sidhai, District: West Tripura ----Accused person-in- Custody -Vs- The State of Tripura ---Respondent For Applicant(s) : Mr. Saugat Datta, Adv. For Respondent(s) : Mr. Raju Datta, P.P. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 07/08/2025 This bail application under Section 483 of BNSS is filed for granting bail to the accused person namely Anip Sutradhar who is lodging in jail in connection with Case No.2024 AMT 146 under Section 21(c)/25/29 of the NDPS Act. Heard Learned Counsel Mr. S. Datta appearing for the applicant and also heard Learned P.P. Mr. Raju Datta appearing for the State-respondent. We have received the record from the Learned Trial Court and Learned P.P. also produced the case diary as ordered earlier. The prosecution story in short is that on 04.12.2024 in the night when SI Abhirup Das along with other staff were performing mobile duty in reference to Amtali PS GD entry No.38 dated 04.12.2024 and at about 0440 hours at the time of vehicle 2 checking duty at Siddhi Ashram near Bahagha School, Badharghat they detained one Auto Rickshaw bearing No. TR01-G-2577 on the basis of suspicion which was proceeding towards Siddhi Ashram from Agartala Railway Station. In course of checking said Abhirup Das found one suspicious non Bengali lad namely Rupa Devi inside the Auto. In course of interrogation she was giving suspicious statement and the auto driver namely Anip Sutradhar also found suspicious. Immediately he checked the mobile phones of the two persons and thereafter he informed the matter to his superior authority and after that conducted search and seizure and found some contraband items inside the vehicle. Thereafter the present accused and another were taken into custody and he laid the FIR. On the basis of the FIR the case was registered. In the meantime the I.O. on completion of investigation has laid the chargesheet and the case is now posted for framing of charge before the Learned Trial Court. Taking part in the hearing Learned Counsel Mr. Datta appearing on behalf of the accused submitted that there was no involvement of the accused with the alleged offence because the accused has no connection with the another lady who is resident of outside state and in the CD also the I.O. could not place any materials against him showing his implication with the alleged offence. So, he urged for releasing the accused on bail in any condition. He further submitted that the accused is languishing in jail for a quiet long period. On the other hand, Learned P.P. opposed the bail application and drawn the attention of the Court referring the contents of the CD and from the CDR analysis report, it appears that the present accused had connection with the another accused who is lodging 3 in jail and also it appears that prior to the detention of the vehicle, there was multiple conversation with each other and in course of investigation some materials have been collected showing implication of the present accused in selling or associating with the contraband items since long back. So he urged for rejection of the bail application at this stage. I have heard both the sides at length and perused the record. It appears that the accused was produced under arrest before the Learned Trial Court on 05.12.2024 and since then he is lodging in custody. As already stated the case is posted for framing of charge on 12.08.2025. Since the investigation of the case is completed and the I.O. has laid chargesheet against the accused so considering the materials on record at this stage I find no scope to consider the bail application of the accused. Accordingly, the bail application stands rejected. The citation referred by Learned Counsel appearing for the accused in custody does not assist this Court to consider the bail application. Send down the record to the Learned Trial Court along with a copy of this order. Return back the CD to the I.O. through Learned P.P. along with a copy of this order. The accused is to remain in J/C as before. Since the accused person is lodging in jail so the Learned Trial Court shall take all endeavour to dispose of the case giving top priority so that the accused person may not languish in jail unnecessarily. In view of the above, this bail application stands disposed of. JUDGE Moumita MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.08.07 05:14:48 +05'30'