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2025 DAILYLAW 1803 (TRI)

Abhijit Debroy and another v. The State Of Tripura

AB/85/2025 · 2025-12-11

S Datta Purkayastha

body2025

Judgment text

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-1- HIGH COURT OF TRIPURA AGARTALA AB No.85 of 2025 1.Abhijit Debroy, S/O Debajit Debroy, Resident of Uttam Bhakta Chowmuhani, PS.Bishalgarh Dist: Sepahijala, Tripura. 2.Debajit Debroy S/O Ajit Debroy, Resident of Uttam Bhakta Chowmuhani, PS.Bishalgarh Dist: Sepahijala, Tripura. ….Applicant(s) Versus The State of Tripura. ….Respondent(s) For Petitioner(s) : Mr. Sayantan Talapatra,Advocate. For Respondent(s) : Mr. Raju Datta,PP. =B=E=F=O=R=E= HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA =O=R=D=E=R= 11.12.2025 Heard Ld. Counsel of both sides. [2] The petition has been submitted under section 482 of Bharatiya Nagarik Suraksha Sanhita (‘BNSS’ - for short) praying for pre arrest bail of the accused Abhijit Debroy and Debajit Debroy in connection with Bishalgarh P.S. Case No.97 of 2025 under Section 313(6),117(2)/3(5) of Bharatiya Naya Sanhita, 2023. [3] Ld. PP has produced the CD. [4] Allegations made in the FIR are that on 22.10.2025, both the accused Abhijit Debroy and Debajit Debroy entered into the house of the victim and by a knife indiscriminately assaulted one Timir Bhakta Chowdhury and -2- caused several injuries on his person. But on his outcry when the neighbors arrived there, the accused persons fled away. [5] Ld. Counsel Mr. Sayantan Talapatra for the applicants submits that both the accused persons are falsely implicated in this case and if released on bail, they will cooperate with the investigation and also they will regularly appear before the Court to face trial and therefore on any condition bail may be granted to the accused persons. [6] Ld. PP, however, opposes the bail prayer submitting that there are certain incriminating materials in the CD against the petitioner. The Court has considered the submissions of the both sides and has perused the C.D. [7] The Investigating Officer had examined and recorded the statement of some of the witnesses and even seized one knife. [8] Though there are certain incriminating materials in the testimonies of the witnesses that the accused persons have caused harm to the victim by a knife, however, from the medical report as collected by the IO, shows about one lacerated injury on the forehead of the victim caused by blunt / sharp cutting weapon which is simple in nature. Nothing significant also came out in the NCCT examination of brain. [9] Considering all these aspects, the bail prayer is allowed. [10] It is ordered that in the event of arrest, both the applicants Abhijit Debroy and Debajit Debroy shall be released on bail on furnishing of bond of Rs.30,000/- each -3- with one surety of like amount to the satisfaction of the arresting authority with the conditions that: i) whenever asked for, they will appear before the IO and will cooperate with the investigation; ii) they will regularly appear before the Court to face the trial; iii) they will not try to influence any of the witnesses of the case in any manner to dissuade him/ them from divulging the truth before the IO or before the Court. [11] Reconsign the CD to Ld. PP with copy of this order. [12] In view of the above, the instant application is disposed of accordingly. JUDGE Saikat Sarma RUDRADEE P BANERJEE Digitally signed by RUDRADEEP BANERJEE Date: 2025.12.11 18:25:45 +05'30'