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2025 DAILYLAW 866 (TRI)

Miss Farzana and Anr. v. The State of Tripura

BA/39/2025 · 2025-05-21

Biswajit Palit

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA B.A.No.39 of 2025 1. Miss Farzana (23 years), D/o. Md. Golam Salmani, resident of Vill-Uttar Fingari Sardar Bari, P.O.-Fingari, P.S.-Sakhira, Dist.-Satkhira, Bangladesh. 2. Miss Tania Akter (28 years), D/o. Late Motaleb Molla, resident of Vill & P.O. Kanakshar, P.S.-Louhajang, Dist.-Munshiganj, Bangladesh. ----Accused Applicant(s) Versus The State of Tripura Represented by the Secretary, To the Department of Home, New Secretariat Complex, P.S.-N.C.C., District-West Tripura. ----Respondent(s) [--- ______________________________________________________ For Applicant(s) : Mr. Promod Sahu, Adv. For Respondent(s) : Mr. Raju Datta, P.P. _________________________________________________________ HON’BLE MR. JUSTICE BISWAJIT PALIT Order 21/05/2025 This bail application is filed under Section 483(1)(b) of BNSS for modification of the condition of bail granted to the accused applicants in connection with Agartala GRPS case No.2025 GRP 014 registered under Sections 61(2), 249(b), 143(3) of BNS and Section 3 of the Passport (Entry into India) Act, 1920 and Section 14(A) and 14(C) of the Foreigners Act. Heard Learned Counsel, Mr. Promod Sahu appearing on behalf of the accused applicants. Also heard Learned P.P., Mr. Raju Datta appearing on behalf of the State-respondent. Taking part in the hearing, Learned Counsel, Mr. Sahu appearing on behalf of the accused applicants drawn the attention of this Court that the accused applicants have challenged the order dated 16.04.2025 passed by Learned Judicial Magistrate, 1st Class (Court No.6), Agartala, West Tripura wherein the accused applicants were granted bail on furnishing a cash deposit amounting to Rs.2,00,000/- each. However, according to Learned (2) Counsel for the accused applicants, the accused applicants are poor women and are Bangladeshi nationals. So, it is difficult on their part to deposit the aforesaid amount. So, Learned Counsel urged for relaxation of the condition of bail passed by Learned Court below. Learned Counsel further submitted that the accused applicants also approached for relaxation of the conditions of bail granted to them, however, Learned Addl. Chief Judicial Magistrate, Agartala, West Tripura, vide order dated 29.04.2025 rejected the application for relaxation of the condition of bail. On the other hand, Learned P.P., Mr. Datta appearing on behalf of the State-respondent fairly submitted that in place of cash amount, a direction may be given to release the accused applicants on bail with surety bond only. I have seen the order dated 16.04.2025 passed by Learned Judicial Magistrate, 1st Class (Court No.6), Agartala, West Tripura wherein the accused applicants were ordered to be released on bail and the subsequent order dated 29.04.2025 passed by Learned Addl. Chief Judicial Magistrate, Agartala, West Tripura wherein the prayer for relaxation of the condition of bail was rejected. It appears to this Court that the condition imposed by Learned Judicial Magistrate, 1st Class is harsh and it may not be possible on the part of the accused persons to deposit the said amount to the Court below. Accordingly, the order dated 16.04.2025 delivered by Learned Judicial Magistrate, 1st Class, Agartala, West Tripura is modified and the accused persons be released on bail on furnishing bond of Rs.1,00,000/- with one surety of like amount each to the satisfaction of Learned Court below in place of depositing of cash amount of Rs.2,00,000/- with further condition that in the event of their release on bail, they shall appear before the Learned Court below once in a week until further order and also they shall not leave the jurisdiction of the concerned Court without prior permission failing which they are to be in custody. (3) A copy of this order be supplied to Learned counsel appearing for the applicants for information and compliance. A copy of this order also be communicated to Learned Judicial Magistrate, 1st Class (Court No.6), Agartala, West Tripura. A copy of this order also be supplied to Learned P.P. With this observation, this bail application stands allowed disposed. JUDGE Snigdha MOUMIT A DATTA Digitally signed by MOUMITA DATTA Date: 2025.05.21 18:24:15 +05'30'