HIGH COURT OF TRIPURA AGARTALA A.B. No.30 of 2025 Sri Kishore Singha (Age-42 years), S/O-Sri Keshab Chandra Singha, Resident of Ranguti, P.O.-Bamutia, P.S.-Lefunga, District-West Tripura. ---- Accused applicant(s) Versus The State of Tripura ----Respondent(s) [--- For Applicant(s) : Ms. Saswati Nag, Adv. Mr. Aditya Baidya, Adv. For Respondent(s) : Mr. Rajib Saha, Addl. P.P. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 09/04/2025 This bail application is filed under Section 482 of BNSS for granting pre-arrest bail to the accused-applicant, Sri Kishore Singha in connection with Lefunga PS case No.0007 of 2025 registered under Sections 330(2)(e)/115(2)/74 of BNS, 2023. Heard Learned Counsel, Ms. Saswati Nag appearing on behalf of the accused-applicant. Also heard Learned Addl. P.P., Mr. Rajib Saha appearing on behalf of the State-respondent. As ordered by this Court, received the record from the Learned Court below. Learned Addl. P.P. also produced the case diary. Taking part in the hearing, Learned Counsel, Ms. Nag appearing on behalf of the accused-applicant submitted that the accused-applicant has been falsely implicated in this case. According to her, on the basis of an F.I.R. laid by one Smt. Aduri Acharjee, the case was registered and on the same subject matter, the present (2) accused-applicant filed another F.I.R. to the Lefunga PS, but no case was registered. So, under compelling circumstances the present accused-applicant has filed one CR case before the Court of competent jurisdiction. It was further submitted that the present case is nothing but a false, manufactured and concocted one which is filed just to overcome the allegation of the accused-applicant. Learned Counsel, Ms. Nag further submitted that the accused-applicant has submitted one additional affidavit before this Court on the ground that in spite of granting protection by this Court, the police have raided the house of the accused-applicant and harassed him. On the other hand, Learned Addl. P.P. drawn the attention of this Court that there is material against the accused-applicant showing his implication with the alleged offence. The prosecution story, in brief, was that on 21.02.2025 at about 11:30 p.m./12:00 a.m., the present accused-applicant illegally entered into the house of the informant, Smt. Aduri Acharjee and after breaking open the door had entered into the room of the informant and outraged her modesty indecently touching her body and the accused-applicant also torn out the wearing apparel of the informant. The informant raised hue and cry when her brother-in-law rushed to her room and tried to save her from the clutch of the accused- applicant when the accused-applicant had assaulted the informant’s brother-in-law with a torch light for which he had sustained bleeding injuries. I have also perused the case diary. The investigation of the case is in progress. During this time, the I.O. has recorded the statement of some of the witnesses of (3) the prosecution. I have also seen the medical examination report of the alleged victim, Sri Raju Acharjee. He was administered some medicine with advice to attend SOPT on Monday and Thursday in case of need. From the case diary, it appears that the informant before the I.O. narrated her statement made in the F.I.R. and the victim, Sri Raju Acharjee also tried to support the version of the informant. But, the other witnesses of the prosecution were all hearsay witnesses. They did not directly see the accused-applicant to commit the crime. The I.O. by this time on 27.03.2025 has seized the torch light from the residence of the alleged accused-applicant but from the statement of the witnesses, nowhere I find anything about the allegation made by the accused-applicant against the informant and the victim, Sri Raju Acharjee. However, the investigation of this case is in progress. So, considering the materials on record, it appears to this Court that the custodial interrogation of the accused is not required for the sake of investigation of this case. So, it appears to this Court that there are materials for allowing pre-arrest bail to the accused- applicant. Accordingly, the application for granting pre-arrest bail to the accused-applicant is allowed. The accused-applicant, Sri Kishore Singha may be released on bail in the event of his arrest of his execution of bond of Rs.50,000/- with one surety of like amount to the satisfaction of the O/C of Lefunga PS on condition that the accused- applicant shall appear before the I.O. as and when called for and he shall not make any attempt to tamper the evidence of the prosecution of this case, failing which the I.O. shall be at liberty to pray for cancellation of his bail in accordance with law. (4) With this observation, the present anticipatory bail application stands allowed and disposed of. Send down the LCR along with a copy of this order. Return back the CD to the I.O. through Learned Addl. P.P. along with a copy of this order. A copy of this order be supplied free of cost to the Learned counsel for the accused-applicant for information and compliance. JUDGE Snigdha MOUMIT A DATTA Digitally signed by MOUMITA DATTA Date: 2025.04.09 06:13:45 +05'30'