logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 THC 357 My Notes print Preview print print
Court : High Court of Tripura
Case No : AB No. 45 of 2026
Judges: THE HONOURABLE MR. JUSTICE S. DATTA PURKAYASTHA
Parties : Susmita Debnath Versus The State of Tripura
Appearing Advocates : For the Petitioner: Sishir Chakraborty, Advocate. For the Respondent: Raju Datta, Public Prosecutor.
Date of Judgment : 31-07-2026
Head Note :-
BNS - Sections 331(4) /324 (4)/ 115(2) /74/79/ 351(2)/ 126(2)/310(2)/198/61(2)/3(5) -

Comparative Citation:
2026 THC 1037,
Judgment :-

1. Heard learned counsel of both sides.

2.This application is filed seeking pre-arrest bail of accused-petitioner Mrs. Susmita Debnath, in connection with West Agartala Women PS Case No.2026 WAW 022, registered under Sections 331(4) /324 (4)/ 115(2) /74/79/ 351(2)/ 126(2)/310(2)/198/61(2)/3(5) of BNS.

3.The FIR, lodged by the victim lady, who is a government employee, shows that on 19.06.2026 she got a call from her colleague Mr. Partha Chowdhury that a serious incident had taken place in front of her house. Then she came out from her house and found a crowd of 25/30 people including the FIR named persons gathered there who were uttering slang words towards her. After some time, the present accused-petitioner who is a Sub-Inspector of police came there from Amtali Police Station and asked her to go inside her home along with accused-petitioner and 4 to 5 persons gathered there. It is further alleged that while entering into her house, the said 30/35 persons also entered into her house, physically assaulted her and her mother in front of the present petitioner and when she sought help from her, the petitioner told her that she was a prostitute and therefore, she could not assist her and also used further slang languages towards her. Those persons then damaged their valuable items and after 20/25 minutes they went out of their house. Then, she called her relatives from maternal side and when they reached her house, those persons again attacked them alleging that they were the customers of the victim and she was having prostitution business there. They damaged four nos. of scooties and one motorcycle and also one car of her relatives and threw those vehicles into a drain. Out of fear, she locked her door. Then, again the present petitioner knocked her door for the second time saying that she had come to help her with three more police personnel. After she opened the door, she found about 40/50 persons [Mandal boys] with her and then they again started physically assaulting her causing bleeding injury. When she cried for help to the present petitioner to take the injured persons to the hospital she was found busy in searching CC cameras and the hard disc there. Thereafter, the miscreants found the hard disc and the CC cameras and took the same with them along with four nos. of mobile phones, one tablet and some gold jewelry of weight 8 vories in front of the present petitioner. Subsequently, they also again came there and broke the locks of the doors, windows and damaged their pipelines connected to their house. They also got inside their room and started pulling out their dresses, molested them, abused slang languages with unbecoming gestures and also assaulted her relatives brutally in front of the said police officer. Then, police persons from A.D. Nagar Police Station came there and they were rescued. According to her those Mandal boys also took some identity cards of her relatives along with money purse.

4.Learned counsel Mr. Sishir Chakraborty appearing for the petitioner submits that the petitioner is a govt. employee serving in the police department and actually, the locality where the incident occurred falls within the jurisdiction of A.D. Nagar P.S., but despite the same, as per the instruction of O.C., Amtali P.S. (where she was posted), she went to the spot but due to scarcity of force, she could not control the situation. Learned counsel further submits that already a departmental proceeding has been initiated against her and in the said proceeding also she has divulged the above said facts. Learned counsel finally prays for pre-arrest bail of the accused-petitioner submitting that if she is released on bail, she will appear before the investigating officer as and when requires and will also appear before the Court to face trial.

5.Learned P.P. producing the case diary opposes the bail prayer. However, on query by the Court, he submits that the I.O. has not filed any prayer for custodial interrogation of the present accused-petitioner.

6.Court has considered the submissions of both sides and gone through the case diary. According to the victim herself, as stated by her to the I.O. that during the first occurrence she was physically assaulted by the wife of said Partha Chowdhury and thereafter, the persons who were accompanying the wife of said Partha Chowdhury, entered into her house and damaged the furniture therein and also tried to pull the CC TV cameras. At that time, the present petitioner with three police personnel entered there and abused her with slang languages and also taunted her. After 20/25 minutes they all left their house. Subsequently, when the relatives of the victim came there on being informed by her, at that time, there was no police personnel present in their house. After the arrival of her relatives, their scooties, motorcycles and cars were damaged and they were physically assaulted by the miscreants and the mother of the victim was also similarly assaulted and ultimately, they took her mobile phones and CC TV Cameras with hard disc with them. Her gold jewelry were also found missing.

7.From such incriminating materials, it appears that during the first incident, the present petitioner was present there but during the second incident, no police personnel were there in the house of the victim. The police authority has not collected yet the documents of treatment of any injured persons, however, from the order passed by the learned Additional Sessions Judge, West Tripura, Agartala in BA No. 105/2026, it shows that the wife of said Partha Chowdhury also lodged one FIR against the present informant and others giving a cross version of the alleged incident and both parties have sustained injuries. Learned Addl. Sessions Judge has already granted pre-arrest bail to the wife of said Partha Chowdhury and another.

8.So far the offence under Section 198 of BNS is concerned, it is a bailable one and there is also no prayer from the I.O. for custodial interrogation of the present accused-petitioner.

9.Considering all these aspects, bail prayer is allowed.

10.It is ordered that in the event of arrest, the accused-petitioner, namely, Susmita Debnath may be released on bail, in connection with West Agartala Women PS Case No.2026 WAW 022 on furnishing a bond of Rs.50,000/- (Rupees fifty thousand) with one surety of like amount to the satisfaction of the arresting authority,on condition that as and when requires, she will appear before the I.O. to face interrogation, and she will not try to terrorize or influence any person acquainted with the fact of the case so as to dissuade him or them from divulging the truth before the I.O. or before the Court. She will regularly attend the Court to face trial.

11.With such observations and directions the anticipatory bail application is disposed of.

12.Return the C.D. to learned P.P. with a copy of this order.

 
  CDJLawJournal