HIGH COURT OF TRIPURA AGARTALA AB No.39 of 2025 Sanku Sukla Baidya, Son of Shri Shashadhar Baidya, Resident of Bhagyapur, Sonamukhi, P.S. Kailasahar, Unakoti Tripura, PIN:799 280 ---Applicant -Vs- The State of Tripura ---Respondent For Applicant(s) : Mr. Koushik Datta, Adv. For Respondent(s) : Mr. Rajib Saha, Addl. P.P. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 28/05/2025 This pre-arrest bail application is filed by the accused- applicant for granting pre-arrest bail under Section 482 of BNSS in connection with Churaibari PS Case No.2025CRB012 under Section 80, 85 & 3(5) of BNS. Heard Learned Counsel Mr. K. Datta appearing for the accused-applicant and also heard Learned Addl. P.P. Mr. R. Saha appearing for the state-respondent. In course of hearing Learned Counsel for the accused- applicant first of all drawn the attention of the Court that the applicant is serving in the Indian Army and he has been falsely implicated by this case. Referring the contents of the FIR Learned Counsel submitted that since March, 2025 the deceased victim of this case was residing at her parental house from where she was found missing in the month of April and on 19.04.2025 the dead body of the victim was found nearby railway line. So according to Learned Counsel for the applicant this was nothing but an accident 2 and by this time Learned Sessions Judge, North Tripura, Dharmanagar has already granted pre-arrest bail to the parents of the accused applicant and considering the materials on record he may be granted pre-arrest bail on any condition. On the other hand, Learned Addl. P.P. has drawn the attention of the court that there are sufficient materials on record against the accused-applicant showing his implication with the alleged crime that soon before her death she was subjected to cruelty for demand of dowry by the present applicant. So considering the materials on record at this stage there is no scope to consider the bail application to the accused-applicant and urged for dismissal of this bail application. Heard both the sides and perused the FIR. The prosecution case as is emerges from the record is that the marriage between the present applicant and the deceased victim was held on 04.03.2022 according to Hindu rites and customs and out of their wedlock the deceased victim delivered one child who is now aged about two years. According to prosecution after three months of marriage all the accused persons started demanding Rs.2,00,000/- and the accused Shashader Sukla Baidya created pressure upon the victim about the said amount and the victim informed her father over telephone. Not only that they also used mental and physical torture upon the victim for dowry and in this regard so many village conciliations took place. After seven months of marriage the present accused-applicant again demanded the said amount and started quarreling with the victim and left her in her parental 3 home during her pregnancy and in this regard a village meeting was held and the victim again went back to her matrimonial home. During that period it was revealed that the accused- applicant was in illicit relationship with another lady and due to continuous torture the victim became ill. On 28.03.2025 the informant i.e. the father of the victim brought his daughter for her treatment. Thereafter on 18.04.2025 the accused applicant visited his matrimonial home and started quarrelling with the victim and at about 3.00 p.m. on 18.04.2025 the applicant after causing physical torture upon the victim left his in-law’s house. After that on 19.04.2025 at about 01.00 p.m. the informant on receipt of the information went to the Dharmanagar District Hospital and he found the dead body of his daughter i.e. the victim and he identified the same. This is the sum and substance of the FIR. The case is registered and the investigation of this case has commenced. I have perused the statements of some of the witnesses who are conversant with the prosecution case. The case is registered under Section 85/80/3(5) of the BNS, 2023. Initially on 19.05.2025 subject to perusal of CD a direction was given to the I.O. not to take any coercive action against the accused-applicant. However, from the statement of witnesses so far collected by I.O. up to the stage of investigation it transpires that the victim was subjected to cruelty by the present accused-applicant and the other accused persons demanding dowry probably which compelled the deceased victim to commit suicide or otherwise. 4 Situated thus, on the basis of materials on record at this stage I find no scope to consider the pre-arrest bail application of the present accused-applicant and accordingly, the pre-arrest bail application filed stands rejected. Return back the CD to the I.O. through Learned Addl. P.P. along with a copy of this order. Send down the LCR along with a copy of this order. With this observation, this bail application stands disposed of. JUDGE Moumita MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.05.28 22:23:20 +05'30'