HIGH COURT OF TRIPURA AGARTALA B.A. No.35 of 2025 Sri Rajendra Debbarma S/O Mangal Debbarma Resident of Mandainagar, PS-Mandai, West Tripura ---- Applicant(s) For and on behalf of Sri Lento Debbarma S/O Sri Rajendra Debbarma, Resident of Mandainagar, PS-Mandai, West Tripura ---- Accused Person(s) Versus The State of Tripura ----Respondent(s) For Applicant(s) : Mr. Bibhal Nandi Majumder, Sr. Adv, Mr. Rounak Chakraborty, Adv, Mr. Samrat Sarkar, Adv. For Respondent(s) : Mr. Raju Datta, P.P. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 21/05/2025 This bail application under Section 483 of BNSS, 2023 is filed for releasing the accused in custody Sri Lento Debbarma in connection with Mandai PS case No.2025MDI002 for the offence punishable under Section 127(1)/118(1)/109(1)/351(1)/3(5) of BNS, 2023. Heard Learned Senior Counsel Mr. Bibhal Nandi Majumder assisted by Learned Counsel Rounak Chakraborty and Learned Counsel Mr. Samrat Sarkar appearing on behalf of the accused in custody. Also heard Learned P.P. Mr. Raju Datta appearing on behalf of the State-respondent. As ordered earlier the record from the Court of Learned Jurisdictional Magistrate is received. 2 Learned P.P. has also produced the Case Diary as ordered earlier. In course of hearing Learned Senior Counsel drawn the attention of the Court that the materials on record has not justified the detention of the accused in custody and he further submitted that this accused is lodging on jail on and from 19.04.2025. So considering the materials on records the accused may be released on bail in any condition. Learned Senior Counsel also referred one citation of the Hon’ble Supreme Court of India reported in 2023 SCC OnLine SC 1581 [titled as Sivaram and another vs. State dated 28.11.2023] wherein in para No.10 Hon’ble the Apex Court observed as under: “10. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, this Court is convinced that the Impugned Judgment of the High Court requires to be interfered with. Admittedly, there is no allegation of repeated or severe blows having been inflicted. Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants' favour.” On the other hand, Learned P.P. opposed the bail application and submitted that for the sake of justice the bail application be dismissed. Considered. In this case the prosecution was set into motion on the basis of FIR laid by one Santosh Debbarma, the informant himself alleging inter alia that on 17.04.2025 at about 11.50 PM he arrived in front of Mandai hospital to purchase some essential goods that time the accused persons Lento Debbarma, Ashit Debbarma, Akash Debbarma along with others suddenly detained him on the road and started assaulting him by fist and blows and 3 also by kick. As a result of which he fell down on the road and sustained injuries. That time one Dipak Debbarma, his near relative tried to interfere when the accused persons threatened to kill him. In the mean time accused Lento Debbarma tried to inflict stab injury upon his person as a result of which he sustained severe bleeding injury and thereafter the neighbouring persons appeared and the accused persons fled away. On the basis of FIR this case was registered. The investigation is under progress. By this time the IO has collected some materials and also recorded some statements of some other witnesses who are conversant with the facts and circumstances of the case. I have perused the relevant prosecution papers and also the injury report of the victim. From the injury report of the victim and also the materials so far collected by IO upto this stage of investigation I do not find sufficient materials which justify his further detention in custody. So, considering the facts and circumstances of the case and the materials on record I would like to consider the bail application filed by the accused. Accordingly the accused Lengto Debbarma who is relinquishing in jail may be released on bail of his furnishing of bond of Rs.25,000/- with one surety of like amount to the satisfaction of Learned CJM, West Tripura, Agartala with the following conditions: i) The accused shall not threaten or tamper the evidence on record of the prosecution. ii) The accused shall not leave the jurisdiction of the Court without any prior intimation. In default, the accused shall remain in J/C as before. 4 With this observation the bail application is allowed and disposed of. Send down the LCR along with a copy of this order. Return back the Case Diary to IO through Learned P.P. A copy of this order also be supplied to Learned P.P. in course of the day. JUDGE Deepshikha MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.05.21 18:08:16 -07'00'