Md. Hridoy Ali & Ors. vs State Of Tripura

Biswajit Palit, J

This bail application under Section 483(1)(b) of BNSS is filed for relaxation of the conditions of bail granted to the present accused-applicants who are lodging in custody in connection with Agartala GRPS Case No.2024 GRP 099 registered under Section 61(2), 249(B), 143(3) of BNS and Section 14(A), 14(C) of Foreigners Act and Section 3 of Passport (Entry to India) Act.

Heard Learned Counsel Mr. P. Sahu appearing on behalf of the accused-applicants and also heard Learned Addl. P.P. Mr. R. Saha appearing for the State-respondent.

Learned Counsel Mr. P. Sahu appearing for the applicants at this stage drawn the attention of the Court that by order dated 11.12.2024 Learned Jurisdictional Magistrate granted bail to the present applicants and by the said order they were asked to deposit cash amount of Rs.3,00,000/- cash. As the accused persons in custody could not meet up the conditions of bail granted, so again they approached to the Learned Trial Court for further relaxation of the conditions of the bail. Thereafter by order dated 23.12.2024 the said amount was reduced to Rs.2,50,000/-each in place of Rs.3,00,000/-. In the meantime the chargesheet was submitted and the matter was again approached to the Court of Learned Sessions Judge on commitment Learned Sessions Judge by order dated 06.06.2025 in connection with case No. ST(T-1) 11 of 2025 refused to relax the conditions of the bail. It is further submitted by Learned Counsel for the accused in custody that out of the two present applicants one is the Indian National and another is Bangladeshi and in support of his contention he relied upon the order dated 14.11.2024 passed by this Court in connection with BA No.72 of 2024 and submitted that this present case is squarely covered by the said order. Finally he urged for taking lenient view and to relax the conditions of the bail granted.

On the other hand, Learned Addl. P.P. opposing the submission made by the Learned Counsel appearing for the applicants has drawn the attention of the Court that the Learned Sessions Judge by the order dated 06.06.2025 has categorically mentioned that as to why their petition has been disallowed by the Learned Sessions Judge and urged for dismissal of the application.

I have gone through the said initial order dated 11.12.2024, subsequent order dated 23.12.2024 and also the order dated 06.06.2025 passed by the Learned Sessions Judge, West Tripura, Agartala. Admittedly excepting one of the accused the other accused persons are foreign nationals. However if they are enlarged on bail there is every chance that they may abscond and in that case it would be very difficult on the part of the Learned Trial Court to dispose of the case. However at the same time it is also true that the amount imposed by the Learned Jurisdictional Magistrate appears to be excessive one. Their right cannot be curtailed. It is also on record that the present accused persons are languishing in jail for a considerable period of time i.e. nine months approximately. So considering the nature and gravity of the offence and also the fact that the accused persons are languishing in jail for a long period I am inclined to relax the conditions of the bail to the tune of cash deposit of Rs.1,50,000/-(one lakh fifty thousand) each in place of Rs.2,50,000/- in default the accused persons shall remain in J/C as before. The present accused persons are accordingly asked to deposit the said amount if they want to be released on bail. It is made clear that Learned Trial Court shall make all endeavour to dispose of the case giving top priority.

With this observation, this bail application stands disposed of.

A copy of this order be communicated to the Learned Trial Court and also a copy of this order be furnished to Learned Counsel appearing for the accused-applicants.