HIGH COURT OF TRIPURA AGARTALA A.B. 5/2025 Jubair Hussain alias Simu Miah and anr. ----Applicant(s) Versus The State of Tripura ----Respondent(s) For Applicant(s) : Mr. Pujan Biswas, Advocate For Respondent(s) : Mr. R. Saha, Addl. PP HON’BLE MR. JUSTICE ARINDAM LODH Order 05/02/2025 Heard Mr. Pujan Biswas, learned counsel appearing for the applicants. Also heard Mr. R. Saha, learned PP appearing for the respondent-State. This is an application filed under section 482 of the BNSS, 2023 for granting anticipatory bail to the applicants in connection with Irani PS case No. 76 of 2024, registered under Sections 329(4)/324(4)/326(g) of the BNS, 2023. As per the prosecution story, one Giashuddin lodged written complaint with the Officer-in-Charge of Irani police station alleging inter alia that some unknown miscreants had illegally trespassed into Jubarajnagar Jama Masjid and set fire in the carpet inside the masjid with intent to create tension. Mr. Biswas, learned counsel appearing for the applicants, has submitted that the applicants are seriously apprehending their arrest since the police officials had raided their houses time and again. It is further submitted that the applicants have been falsely implicated with the instant case and they have no relation with the agitation that they proceeded towards the mosque for the purpose of destroying the same. Mr. Biswas, learned counsel also has submitted that the applicants are totally innocent. Mr. Saha, learned Additional PP has produced the case diary and has fairly submitted that there is no report of setting fire by the applicants. I have perused the case diary. From the case diary, I find that there is no direct evidence against any of the applicants. There is only one statement made by one Sarif Ali, who has stated that having informed that one mosque was set on fire, he rushed to the spot and thereafter he had seen some persons including the applicants moving towards Hindu temple. In my considered view, this opinion may be considered during the course of trial regarding complicacy of the applicants into the alleged incident. Considering the facts of the case in its entirety, in my considered opinion, this is a fit case to release the applicants on anticipatory bail. Accordingly, it is ordered that, in the event of arrest, the applicants, namely, Jubair Hussain @ Simu Miah and Ajmir Hussain @ Rejul, may be released on bail on executing a bond of Rs. 50,000/- each with one surety each of the like amount to the satisfaction of the arresting authority. However, it is directed that the applicants shall appear before the Investigating Officer once in a week and shall co-operate with the process of investigation. With the aforesaid observations and directions, the instant application stands allowed and thus disposed of. JUDGE SAIKAT KAR Digitally signed by SAIKAT KAR Date: 2025.02.05 14:01:55 +05'30'