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2025 DAILYLAW 516 (TRI)

Md Hanif and Ors v. The State of Tripura

AB/13/2025 · 2025-02-20

Arindam Lodh

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA A.B. 13/2025 Md. Hanif and others ----Applicant(s) Versus The State of Tripura ----Respondent(s) For Applicant(s) : Mr. S. Ghosh, Advocate For Respondent(s) : Mr. R. Saha, Addl. PP HON’BLE MR. JUSTICE ARINDAM LODH Order 20/02/2025 Heard Mr. S. Ghosh, 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 Kalamchowra PS case No. 5 of 2025, registered under Sections 117(3)/109(1)/351(2)/3(5) of the BNS, 2023. Brief fact of the prosecution story, is that, one Md. Habiulla lodged a written complaint with the Officer-in-Charge of Kalamchowra police station alleging inter alia that regarding distribution of ‘shinni’ in Nagar Jame Masjid, there was a quarrel between him and the applicants, and the applicants in pre-planned manner assaulted him thereby causing bleeding injuries to his person. Mr. Ghosh, 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 alleged incident. Mr. Ghosh, learned counsel also has submitted that the applicants are totally innocent. Mr. Saha, learned Additional PP has produced the case diary and has opposed the bail prayer of the applicants. I have perused the case diary. After perusal of the case diary, it is found that the complainant had received fracture injuries on his nasal bone, but he was not admitted in the hospital. Considering the nature of injuries sustained by the complainant, it does not come under the purview of grievous hurt. More so, the incident relates to quarrel between two families. In my opinion, the said dispute can be mitigated at any point of time. 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, Md. Hanif, Md. Najmul Hassan, Hiran Miah and Mahidul Hossein may be released on bail on executing a bond of Rs. 25,000/- 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 as and when called for 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 Sanjoy SANJAY GHOSH Digitally signed by SANJAY GHOSH Date: 2025.02.20 15:36:49 +05'30'