Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF TRIPURA AGARTALA
A.B. No.35 of 2025
Patanjoy Tripura, Age 40 Years, S/O Lt. Gatiram Tripura, Village-Rabeha Para, P.O. & P.S.-Ganganagar, Sub-Division-Ambassa, District-Dhalai, Tripura
---- Applicant(s) Versus The State of Tripura (To be represented by the L’d Public Prosecutor, Hon’ble High Court of Tripura) ----Respondent(s)
For Applicant(s) : Mr. Purusuttam Roy Barman, Sr. Adv, Mr. Subhash Chandra Majumder, Adv. For Respondent(s) : Mr. Raju Datta, P.P.
HON’BLE MR. JUSTICE BISWAJIT PALIT Order
14/05/2025
This bail application is filed under Section 482 of BNSS, 2023 for granting pre-arrest bail to the applicant in connection with Ganganagar PS case No.2024GNR003 for the offence punishable under Section 337 of BNS, 2023. Heard Learned Senior Counsel Mr. Purusuttam Roy Barman assisted by Learned Counsel Mr. Subhash Chandra Majumder appearing on behalf of the applicant. Also heard Learned P.P. Mr. Raju Datta appearing on behalf of the State- respondent. As ordered earlier Learned P.P. has produced the Case Diary. Also, the record of Learned Trial Court below has been received. Taking part in the hearing Learned Senior Counsel first of all drawn the attention of the Court referring the contents of the FIR and thereafter referring Annexure-2 and Annexure-3 annexed with the bail application and submitted that to evade from the
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payment of compensation, this present accused has been falsely implicated in this case and furthermore, since the investigation of the case is in progress and the IO has completed a major portion of investigation, so at this stage no custodial detention/interrogation is required. Moreover, Learned Senior Counsel also submitted that no notice is served upon the applicant by the IO. So, considering the nature and gravity of the offence and the punishment prescribed for the offence there is no scope to refuse the bail application of the applicant at this stage. On the other hand Learned P.P. opposing the bail application filed by the applicant submitted that there are sufficient materials showing implication of the applicant with the alleged crime and for the sake of investigation custodial interrogation of the accused is required to unearth the truth. So if at this stage, concession of pre-arrest bail is granted then the investigation of the case would be hampered and the applicant would be encouraged to commit such type of offence in near future.
In the case at hand the prosecution was set into motion on the basis of an FIR laid by one Dy. Collector & Magistrate, O/o the SDM Ambassa, Dhalai District to O/C Ganganagar PS dated 28.06.2024 alleging inter alia that it has come to their notice on 25.06.2024 at about 12 noon Mr. Patanjoy Tripura i.e. the applicant is involved in the illegal activity of fabrication and distributing duplicate certificates to the individuals and those certificates pertains to PRTC, STC, etc. It was further laid in the FIR that substantial evidence was collected indicating that Mr. Tripura is producing and providing fake certificates to others and accordingly the FIR has been laid. On the basis of this FIR laid by
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the Dy. Collector & Magistrate, this present case has been registered against the present applicant. I have gone through the FIR and also the statement of some of the witnesses recorded by IO during investigation of this case. It appears that the accused in lieu of money delivered and supplied some documents which were found to be fabricated and fake on production of the same to the concerned offices. The investigation of the case is in progress. So, considering the nature and gravity of the offence if at this stage the applicant is granted pre-arrest bail then it would be difficult on the part of the IO to conduct the investigation properly because the applicant would try to disappear the relevant evidence in this case. So, considering all at this stage I find no scope to consider the pre-arrest bail application filed by the applicant namely Patanjoy Tripura. Accordingly, the same stands rejected. With this observation, this anticipatory bail application stands disposed of. Send down the LCR along with a copy of this order. Also, a copy of this order along with Case Diary be returned back to IO through Learned P.P. for information. JUDGE
Deepshikha MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.05.14 18:45:24 -07'00'