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CDJ 2026 THC 161 print Preview print print
Court : High Court of Tripura
Case No : BA. No. 58 of 2026
Judges: THE HONOURABLE MR. JUSTICE S. DATTA PURKAYASTHA
Parties : Sangita Roy Saha & Another Versus The State of Tripura Represented by the Public Prosecutor, Agartala.
Appearing Advocates : For the Petitioner: Ratan Datta, Ankan Tilak Paul, Aditya Baidya, Advocates. For the Respondent: Raju Datta, Public Prosecutor.
Date of Judgment : 27-03-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 -
Judgment :-

[1] The application for granting bail to the accused namely, Shri Rajib Saha, has been submitted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short- BNSS), in connection with Airport PS case No.2026/ARP/05 which was registered under Sections 117(2), 132, 304(2),351(2), 308(5),3(5) of Bharatiya Nyaya Sanhita, 2023 (for short- BNS).

[2] Heard Ld. Counsel Mr. Ratan Datta for the applicant as well as Ld. PP, Mr. Raju Datta for the state.

[3] Ld. Counsel Mr. Ratan Datta submits that only a limited indulgence may be granted to the accused to be released on bail for a short period so that he can get treatment of his only son namely, Shri Debajit Saha at Peerless Hospital at Kolkata.

[4] Ld. Counsel, Mr. Datta submits that the son of the petitioner, Shri Debajit Saha is a patient of Cerebral Palsy(CP) having 90% Locomotor disability of permanent nature and the District Disability Board, West Tripura has also issued a certificate in this regard. Ld. Counsel has enclosed 1(one) photograph of the son of the petitioner and also refers to a certificate issued by the State Referral Board, AGMC & GBP Hospital, Agartala referring said Shri Debajit Saha to Peerless Hospital, Kolkata for treatment.

[5] Ld. PP, on the other hand, submits that already chargesheet is submitted in this case and a petition for custody trial is pending before the Court of Ld. SDJM, Mohanpur which is also required to be decided by said Ld. Court. However, it is also submitted by Ld. PP that on verification of the documents, the assertions made by the applicant are found to be correct and therefore, Ld. PP submits that in case any interim bail is granted, the accused may be directed to surrender before the Court of Ld. SDJM, Mohanpur after completion of said period of interim bail and thereafter, the petition for custody trial may be decided by said Ld. Court independently.

[6] Considered the submissions and also considered the documents submitted on the side of petitioner.

[7] It appears to the Court that it is a fit case where some indulgence for a short period by way of granting interim bail may be given to the present accused petitioner, namely, Rajib Saha for the purpose of treatment of his physically challenged son.

[8] In view of above, it is ordered that the accused Rajib Saha may be released on interim bail for a period, till 26.04.2026 on submission of bond of Rs.50,000/- with 1(one) surety of like amount to the satisfaction of Ld. SDJM, Mohanpur on conditions that on 27.04.2026 he will positively surrender before the Court of Ld. SDJM, Mohanpur and thereafter, Ld. SDJM will decide the petition for custody trial on merit expeditiously without being influenced by this order and preferably within 7(seven) days of surrender of the accused. It is also clarified that granting of such interim bail will not be a ground to claim for regular bail. During the period of interim bail, the accused person will not try to make any attempt, directly or indirectly, to contact any witness of the case.

[9] With such conditions and directions, bail application is disposed of.

Communicate a copy of this order immediately to Ld. SDJM, Mohanpur.

IA is accordingly disposed of.

Return the Trial Court record.

 
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