Heard learned counsel of both sides.

This petition for pre-arrest bail has been filed in connection with East Agartala P.S. Case No.53 of 2026 registered under Sections 126(2)/118(2)/ 303(2)/324(4)/351/3(5) of BNS.

The allegation in the FIR, is that, both the present accused, Pintu Uriya and another, co-accused, Nikunja Uriya physically assaulted the son of the informant, namely Ajoy Das on 15.04.2026. Said Nikunja Uriya used a shovel and hit on the left leg of the victim which resulted fracture on his leg. It is also alleged that they took away one gold chain from the neck of the victim and further the motorcycle of the victim was also damaged.

Mr. A. Basak, learned counsel appearing for the petitioner submits that as per the FIR itself, the alleged physical assault was done by the co-accused, Nikunja Uriya and not by the present accused petitioner and only allegation against the accused petitioner is that he assaulted the victim by fists and blows. Therefore, he prays for bail.

Mr. R. Datta, learned P.P. however opposes the prayer submitting that for more than 15 days, the victim was in hospital and due to such attack, he has suffered fracture on his two major bones of his left leg viz. tibia and fibula. Therefore, the present petitioner is not entitled to get the privilege of pre-arrest bail. Learned P.P also submits that the case will come under the purview of Section 118(2) of BNS instead of Section 117(2) of the BNS as the alleged weapon of offence used was an iron rod which can be termed as dangerous weapon.

This Court has considered the submissions of both sides and also perused the records.

The material against the present petitioner is that he had assaulted the victim by fists and blows and actually the grievous injury was caused by the co-accused. The victim has also not stated anything regarding taking away the golden chain from his neck. The application of Section 118(2) of BNS can be ascertained during trial. As per the materials available in the case diary, it appears that the weapon as used by the co-accused was an iron rod having a bent on his tip which is generally used to take out pins from the wood. The other sections as mentioned in the FIR are bailable offences. As per the report of the investigating officer dated 30.05.2026 sent to the Court of the learned Addl. Sessions Judge, West Tripura, Agartala, already the weapon of offence is seized.

Considering all these aspects, the prayer for pre-arrest bails is allowed. It is ordered that in the event of arrest of the accused petitioner, namely, Sri Pintu Uriya in connection with East Agartala P.S. Case No.53 of 2026, he shall be released on bail on furnishing a bond of Rs.50,000/- [Rupees Fifty thousand] only along with one surety of the like amount to the satisfaction of the arresting authority on conditions that:

               (i) the petitioner shall give his attendance twice in a month in the concerned police station for the next 3[three] months or the condition is relaxed by the trial Court;

               (ii) he will not try to influence or terrorize any of the person acquainted with the facts of the case;

               (iii) he will regularly attend the Court to face the trial till the trial is complete;

With such observations and directions, this petition for pre-arrest bail is disposed of.

Pending application(s), if any, also stand disposed of.

Return the C.D. forthwith with a copy of this order.