HIGH COURT OF TRIPURA AGARTALA A.B. No.46 of 2025 Sanku Sukla Baidya, S/o- Shri Shashadhar Baidya, Resident of Bhagyapur, Sonamukhi, P.S.- Kailasahar, Unakoti Tripura, PIN- 799280 ----Applicant(s) Versus The State of Tripura ----Respondent(s) [--- _________________________________________________________ For Applicant(s) : Mr. Koushik Datta, Adv. For Respondent(s) : Mr. Raju Datta, P.P. Mr. Rajib Saha, Addl. P.P. ___________________________________________________ HON’BLE MR. JUSTICE BISWAJIT PALIT Order 04/07/2025 This bail application under Section 482 of BNSS, 2023 has been filed for granting pre-arrest bail application to the accused- applicant in connection with Churai Bari PS Case No.012 of 2025 under Section 80/85/3(5) of BNS, 2023. Heard Learned Counsel, Mr. K. Datta appearing on behalf of the accused-applicant and also heard Learned Addl. P.P., Mr. R. Saha appearing on behalf of the State-respondent. At the outset, the Learned Addl. P.P., Mr. R. Saha raised question regarding maintainability of the second bail application on the same identical ground and drawn the attention of the Court that no new grounds have been mentioned in the application for granting pre-arrest bail by the applicant as such the same cannot be entertained at this stage. Learned Addl. P.P., Mr. R. Saha appeared on behalf State- respondent further submitted that, this Court vide order dated 28.05.2025 in another vide application No.A.B. No.39 of 2025 filed by 2 the same applicant and on perusal of the CD rejected his bail application. So, at this stage, considering the materials on record there is no scope to entertain the application filed by the applicant. It is further submitted that there is an allegation against the applicant that on the day when the deceased was found missing that day also the present applicant appeared to the residence of the father of the victim and assaulted her in presence of witnesses and furthermore, there is/are evidences against him showing causing cruelty upon the victim by the accused-applicant. So, according to Learned Addl. P.P. in view of the judgment passed by the Hon’ble High Court of Punjab and Haryana and High Court of Rajasthan, there is no scope to entertain the present application for pre-arrest bail. On the other hand, Learned Counsel Mr. K. Datta appeared on behalf of the accused-applicant submitted that although he submitted a bail application earlier which was rejected by this Court but the fact remains that the accused is serving under the Armed Force and if he is arrested he will lose his job and furthermore, the applicant has got a minor child and for the purpose of nursing and care of the baby, in absence of mother application filed by the applicant be allowed for the sake justice. Considered. Perused the application for granting pre-arrest bail and the relevant papers. It appears 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 the prosecution after three months of marriage all the accused persons as mentioned in the FIR including the present applicant started demanding Rs.2,00,000/- and the present applicant created pressure upon the victim for the said amount and the victim informed the matter to her 3 father. Not only that this present applicant and his other family members caused 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 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 had some illicit relationship with a lady and due to continuous torture the victim became ill. On 28.03.2025 the informant the father of the victim brought his daughter at his residence for her treatment. Thereafter on 18.04.2025 the accused applicant visited his matrimonial home and started quarrelling with the victim and at about 03.00 p.m. on that day the applicant after causing physical torture upon the victim left his in- law’s house. Thereafter, on 19.04.2025 at about 01.00 p.m. the informant on receipt of the information went to the Dharmanagar District Hospital and found the dead body of his daughter i.e. the victim and identified the same. These are the sum and substance of the FIR. On the basis of the FIR, the aforesaid case was registered and Learned District Judge, North Tripura, Dharmanagar by order dated 07.05.2025 in connection with Case No.Bail Application No.22 of 2025 allowed bail to the parents of the applicant on the ground that they were aged about more than 60 years and no materials were found against them for application of Section 80 of BNS. It is the admitted position that by order dated 28.05.2025, the pre-arrest bail application filed by the present-applicant was dismissed by this Court. This present case was registered on 23.04.2025 by O/C, Churaibari Police Station, North Tripura, Dharmanagar. I have also perused the CD very carefully and there is no dispute on record that the victim was the legally married wife of the 4 present accused-applicant. From the statements of witnesses so far collected by I/O, it appears that certain materials were there against the present-applicant causing cruelty upon the victim by the present- applicant claiming money. On 28.05.2025 at the time of consideration of the pre-arrest bail application, perusing those materials on record his bail application was rejected on the ground that the case was at the very preliminary stage of investigation and I/O needed to be given some time to investigate the case properly. Thereafter, a considerable period has been elapsed and by this time the I/O also has collected some materials in course of the investigation of the case to implicate the applicant with the alleged crime. But from the materials so far collected after 28.05.2025 till yesterday, I do not find sufficient materials showing that that this present accused-applicant was facilitated the victim to commit suicide or there is no evidence on record that he directly was responsible for death of his wife as her dead body was found on the railway line which was later on recovered by the police. I have also perused the relevant provision of erstwhile Cr.P.C. and the BNSS. As referred by Learned Addl. P.P., I find there is no legal bar to file successive bail application in respect of the same subject matter. But at the same time, it is on record that the present applicant could not place any sufficient grounds in the application at the time of filing fresh bail application. However, but that does not curtail his right to approach for bail and there is also no bar legally to consider the bail application if there is no materials on record. Knowing the fact that the initial bail application was rejected by this Court on the ground that case was at the very prematured stage and by this time a considerable time has been elapsed and nothing new could be collected by the I/O showing his direct involvement with the alleged offence or there is no evidence on record for his commission of offence for which 5 the victim was compelled to commit suicide or the applicant facilitated the victim to commit suicide. Situated thus, at this stage I am inclined to consider his pre-arrest bail application but with certain terms and conditions that the accused applicant may be released on bail of his execution of bond of Rs.1,00,000/- (Rupees one lakh) with one surety of like amount to the satisfaction of O/C of the concerned police station in the event of his arrest with the following conditions: i) That the accused shall not leave the jurisdiction of the Court without the prior permission of the O/C of the concerned P.S. ii) The accused-applicant shall not make any attempt to tamper or abuse the record of the prosecution during the period of bail. iii) The accused-applicant shall attend before I/O on every Monday and Thursday till completion of investigation of this case. In course of investigation if there is any violation from the side of applicant in this case, the I/O shall be at liberty to approach to the concerned Court. With this observation, this anticipatory bail application stands disposed of. Send down the record of the Learned Trial Court along with a copy of this order. Return back the CD to I/O through Learned Addl. P.P. along with a copy of this order. JUDGE Amrita AMRITA DEB Digitally signed by AMRITA DEB Date: 2025.07.04 17:43:46 +05'30'