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2025 DAILYLAW 1316 (TRI)

Sri Papon Das on behalf of accused Smt. Jyotsna Biswas v. The State of Tripura

BA/80/2025 · 2025-09-19

Biswajit Palit

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA BA No.80 of 2025 Sri Papon Das, S/O- Gouranga Das, Resident of –Sukanta Palli, P.O.- Nandanagar, P.S.- Bodhjungnagar, District-West Tripura, Pin-799006. ---Applicant Smt. Jyotsna Biswas, W/O-Sri Bijay Biswas, Resident of- Dangi, Dakshin Shibkata, Jalpaiguri, West Bengal, Pin-736208 The accused person being lodged in judicial custody, the present petition is preferred and presented by her relative, i.e., Sri Papon Das ---Accused Person -Vs- The State of Tripura ---Respondent For Applicant(s) : Mr. Indrajit Bhowmik, Adv. For Respondent(s) : Mr. Raju Datta, P.P. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 19/09/2025 This application under Section 483(1)(b) of BNSS, 2023 is filed for modification of the conditions of bail granted by Learned Addl. Sessions Judge, Court No.2, Agartala, West Tripura by order dated 06.09.2025 in connection with Case No.Criminal Misc 173 of 2025 which arose out of Misc. Case bearing No.5483 of 2025 pending in the Court of Ld. Judicial Magistrate 1st Class, Court No.2, West Tripura. Heard Learned Counsel, Mr. I. Bhowmik appearing for the applicant and also heard Learned P.P., Mr. Raju Datta appearing on behalf of the State-respondent. 2 At the time of hearing, Learned Counsel appearing for the applicant submitted that although the accused in custody Smt. Jyotsna Biswas is granted bail but the Learned Court below by the said order dated 06.09.2025 has ordered to be release the accused person on bail of her furnishing bail bond of Rs.90,000/- with one Government surety who shall be permanent resident within the jurisdiction of the Learned Court below and surety shall produce certificate from DDO. It is submitted that with the aforesaid condition the applicant being the inhabitant of West Bengal is not in a position to execute bail bond resulting which she is unnecessarily languishing in jail for which the modification of the order of bail is required. Learned P.P. appearing for the State-respondent on the other hand fairly submitted that if the condition is relaxed in that case certain conditions may be imposed. Perused the order. I find force to the submission of Learned Counsel for the applicant. So considering the nature and gravity of the proceeding the order dated 06.09.2025 passed by Learned Addl. Sessions Judge, Court No.2, West Tripura, Agartala is hereby modified to the extent that the accused-in-custody shall execute bail bond of Rs.50,000/- with one surety of like amount to the satisfaction of Learned Jurisdictional Magistrate on condition to appear before I/O as and when called for, if required, for the sake of investigation, in default the accused person shall remain in JC as before. 3 With this observation, this bail application stands disposed of. A copy of this order be communicated to the Court of Learned Jurisdictional Magistrate i.e. the Court of JM 1st Class, Court No.2, West Tripura, Agartala and also to the Court of Learned Addl. Sessions Judge, Court No.2, West Tripura, Agartala. Also, a copy of this order be furnished to Learned Counsel, Mr. I. Bhowmik for the applicant for information and compliance and also a copy of this order be communicated to Learned P.P. for information. JUDGE Amrita AMRITA DEB Digitally signed by AMRITA DEB Date: 2025.09.19 17:39:56 +05'30'