HIGH COURT OF TRIPURA AGARTALA B.A. No.7 of 2026 Smt. Anita Pal W/O Sri Dhananjoy Pal, Aged about 49 years, Resident of Chinaihani, Sanitala, P.O. Airport-799015, P.S. Airport, District-West Tripura. ---- Applicant(s) The accused person being lodged in judicial custody, the present petition is preferred and presented by the mother of accused person, named above: Sri Dipankar Pal, S/O-Sri Dhananjoy Pal, Aged about 26 years, Resident of Chinaihani, Sanitala, P.O. Airport-799015, P.S. Airport, District-West Tripura. ---- Accused person(s) Versus The State of Tripura ----Respondent(s) For Petitioner(s) : Mr. Subham Majumder, Adv. For Respondent(s) : Mr. Raju Datta, P.P. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 05/02/2026 This petition under Section 483(1)(b) of BNSS is filed for granting bail to the accused-in-custody namely Dipankar Pal in connection with Airport PS case No.079/2024 corresponding to Special (NDPS)/43/2025 under Section 21(c)/20(B)/25/29 of NDPS Act. Heard Learned Counsel Mr. Subham Majumder appearing on behalf of the accused-in-custody and also heard Learned P.P., Mr. Raju Datta appearing on behalf of the State-respondent. At the time of hearing, Learned Counsel for the accused- in-custody has drawn the attention of this Court that initially on behalf of this accused person in custody, another bail application bearing No.B.A. No.98 of 2025 was moved before this Court and this Court by order dated 28.10.2025 was pleased to dismiss the bail application. In the meantime, according to Learned Counsel for the accused-in-custody, another accused namely Samrat Barman who is also involved in the said offence was released on bail by the Court of Learned Special Judge, West Tripura, Agartala and on behalf of this present accused, a bail application was moved to the Court of Learned Special Judge, West Tripura, Agartala but by order dated 15.12.2025 in connection with Special(NDPS)/43/2025 passed by Learned Special Judge, (Court No.2), West Tripura, Agartala, bail application was dismissed on the ground of dismissal of bail application on behalf of the said accused by this Court and as such, under the compelling circumstances the accused-in-custody has again preferred for bail before this Court. Learned Counsel further submitted that the ground of arrest was not duly communicated to the accused at the time of arrest and in view of the series of the judgment of Hon’ble the Apex Court, the arrest was illegal. As such, the accused is liable to be released henceforth or alternatively, he prayed for releasing the accused on bail in any condition. Learned P.P. appearing on behalf of the State-respondent strongly refuted the submission made by Learned Counsel for the accused-in-custody and submitted that at the time of disposal of the earlier bail application by this Court on 28.10.2025, all the issues were discussed and after detailed hearing, this Court by a detailed order rejected the bail application in respect of ‘grounds of arrest’ as alleged to be pleaded by the accused, and as such, there is no scope to review the order passed by this Court at this stage. It was further submitted that by this time trial of this case has been commenced and few witnesses have been examined by the prosecution. So, Learned P.P. fairly submitted that a direction may be given to the Learned Trial Court below to conclude the trial within a reasonable time and urged for dismissal of this bail application. Considered. I have heard both the sides and perused the relevant papers annexed with the bail application. It is on record that on 28.10.2025 at the time of disposal of bail application bearing No.BA/98/2025, all the issues were discussed by this Court regarding the point of ‘grounds of arrest’ and this Court does not consider the submission made on behalf of the accused-in-custody regarding violation of the conditions of the ‘grounds of arrest’ and dismissed the bail application and that order still stands good. Admittedly, one of the accused has been released by the Learned Trial Court by this time and there is no material on record before this Court at this stage that the said order has been challenged by the State before this Court or any other competent Court. Situated thus, considering the materials on record at this stage, I find no scope to entertain the bail application on the same ground which has already been discussed and decided by this Court earlier and accordingly, this bail application has got no merit and stands rejected. However, since out of 15 numbers of witnesses only 4 witnesses have been examined, so, all endeavour should be made by the Learned Trial Court to dispose of the case preferably within a period of 6(six) months from the date of receipt of a copy of this order. With this observation, this present bail application stands dismissed. Send down the record to the Learned Trial Court along with a copy of this order. Also, a copy of this order be communicated to IO through Learned P.P. JUDGE Deepshikha MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2026.02.06 16:42:28 -08'00'