Rajkumar Saha & Ors. vs State Of Tripura

Biswajit Palit, J

This bail application under Section 483(1) of BNSS is filed for granting bail to the accused namely Rajkumar Saha in connection with Bishalgarh P.S. Case No.36 of 2025 for the offence punishable under Section 127(1)/324(4)/117(2)/309(4)/3(5)/ 137(2) of BNS, 2023.

Heard Learned Counsel Mr. P. Sahu appearing on behalf of the accused Rajkumar Saha and also heard Learned P.P. Mr. Raju Datta appearing on behalf of the State.

At the time of hearing Learned Counsel for the accused-in-custody submitted that the accused has been falsely implicated. Admittedly a minor incident took place but for that to suffer the accused this case has been manufactured by the informant and moreso, the accused is lodging in custody since 18.05.2025. So considering the period of his detention in custody Learned Counsel for the accused-applicant has prayed for releasing the accused on bail in any condition.

On the other hand, Learned P.P. Mr. R. Datta appearing for the State strongly opposed the bail application and submitted that sufficient materials are there against the accused in custody. So Learned P.P. urged for rejection of the bail application.

Considered.

In this case the prosecution was set into motion on the basis of an FIR laid by one Ankit Shil alleging inter alia that on 17.05.2025 at about 1530 hours he was proceeding towards Tripureswari Mandir from Agartala on a official duty of the Central Minister with Scorpio vehicle bearing No.TR01M-3736 and when they arrived near Sepahijala D.M. residence at that time one Wagon-R vehicle bearing No.TR03K-0721 dashed against his vehicle from its back side and as a result of which some damage caused to his vehicle. He shifted the official persons to another vehicle and started talking with them. After some time another vehicle of their known person appeared to the P.O. with another 5/6 persons. They assaulted him with feast and blows and took him and his vehicle on a tea garden near Rabindranath Tagore College. They physically assaulted him specifically the driver of the Wagon-R vehicle bearing No.TR03K-0721 and another driver of Wagon-R vehicle bearing No.TR07G-0760 along with 5/6 other associates. They snatched away golden chain of net weight 23 grams (approximately) and Rs.5000/- from his pocket. After that they took his phone and transferred an amount of Rs.3100 by suing Google Pay illegally. Hence he laid the FIR.

I have gone through the FIR and Case Diary produced by Learned P.P. The investigation of the case is in progress. Considering the materials on record it cannot be said that the present accused-applicant is innocent. Regarding snatching of gold chain and money the I.O. could not place any material before the Court up to this stage.

I have also perused the statements of witnesses so far recorded by I.O. up to this stage of investigation. Considering the materials on record it appears that the I.O. got sufficient opportunity to recover those items but inspite of opportunity those items could not be recovered. Hence, I find no further scope to detain the accused in custody. Accordingly, the prayer for bail is allowed. The petitioner namely Rajkumar Saha may be enlarged on bail of his furnishing if bail bond of Rs.50,000/- (fifty thousand) with two sureties of like amount one of whom shall be a public servant in default to remain in J/C as before with the following terms and conditions:

(i) The accused shall attend the I.O. on every Monday and Thursday till filing of chargesheet.

(ii) The accused shall not leave the jurisdiction of the court without prior permission.

(iii) The accused shall not make any attempt to tamper any evidence on record of the prosecution. However if he violates any of the conditions of bail then the I.O. shall be at liberty to approach to the concerned jurisdictional Court for cancellation of the bail granted to the accused.

Send down the record of the Learned Trial Court along with a copy of this order.

Returned back the CD to the I.O. through Learned P.P. along with a copy of this order.

Accordingly, this bail application stands disposed of.