Default bail under Section 167(2) Cr.P.C. is forfeited once a charge sheet is filed, and the right to default bail does not survive after such filing.

JUDGMENT

1. This present criminal revision petition is filed under Section 482 of Cr.P.C. by the Central Bureau of Investigation ('CBI' in short) represented by the Dy. Superintendent of Police Special Crime Branch, CGO Complex, D.F. Block, Salk lake, Kolkata against the accused person (1) Sri Tapan Debbarma, son of Lt. Ashwini Kumar Debbarma, resident of Aboynagar Bazar, P.S. East- Agartala, District- West Tripura and (2) Sri Nand Kumar Reang, Son of Thampirai Reang, resident of Bishnurampara, Narayanpur, P.S. Gondachera, District-Dhalai, Tripura praying for cancellation of bail order dated 10.11.2021 and 16.11.2021 passed by the Addl. Sessions Judge, Court No.2, West Tripura Agartala in connection with Case No.RC 2/S/2018, CBI, SCB, Kolkata under Sections 120(B) read with Section 109 , 302 IPC, and 27 of the ARMS ACT .

2. The fact of the case, in brief, is as under:-

2.1. The allegation as per FIR dated 21.11.2017 is that, at 12.57 hrs., one telephonic information was received from the then Adjutant of 2nd B.N. T.S.R. (Tripura State Rifles), namely, Shri Swarupananda Biswas informing that a personal guard of the Commandant 2nd BN, TSR fired at a civilian inside the Battalion Complex a little while ago. The person was lying on the Parade Ground. The informant had also requested the police presence as early as possible. Accordingly, the information was entered into the General Diary of the Police Station vide G.D. entry No.12 dated 21.11.2017. Subsequently, the Officer-in-Charge of the Police Station rushed to the place of occurrence along with S.I. Dilip Sarkar and other staff of the said police station. After arriving at the place of occurrence i.e., the 2nd BN, TSR Head Quarter, at around 13.15 hrs., the police staff were guided by the then Adjutant to the Parade Ground, where they noticed one person lying on the ground with face towards the ground. Two suspected bullet wounds were also noticed on the body of the victim. Also by the time, the identity of the victim was established as one Sudip Datta Bhowmik, reporter of Shyandan Patrika, Agartala. The victim thereafter was shifted to G.B. hospital after taking the photograph of the place of occurrence by the O.C. Bodhjungnagar P.S. It was confirmed from the hospital that the victim, Sudip Datta Bhowmik expired. The deceased had an appointment with Sri Tapan Debbarma, the then Commander of 2nd BN, TSR on 21.11.2017. Accordingly, he visited the premises at around 11.30 hrs on 21.11.2017 and was taking interview of the Commandant in his office chamber. On return from the toilet, the Commandant noticed that one envelope containing some valuable was missing from the room, and as such, he enquired from the Rfn. Dharmendra Kumar Singh of 2nd BN, TSR who was present outside the chamber of the Commandant. He learned that no one had entered into the room of the Commandant in the intervening period. Therefore, Commandant Tapan Debbarma asked Dharmendra Kumar Singh to carry out a personal search of Sudip Datta Bhowmik. The victim Sudip Datta Bhowmik also tried to come out of the room by pushing away Dharmendra Kumar Singh, which resulted in a scuffle inside the chamber of the Commandant. However, Mr. Datta Bhowmik managed to come out of the room and tried to escape towards the Parade Ground. Personal guard of the Commandant namely Rfn.(GD) No.09120251, Nanda Kumar Reang of 2nd BN TSR opened fire from his service A.K.-47 rifle on him, when he failed to catch hold of him. Receiving the bullet injury, Sudip Datta Bhomwik, probably died. Nand Kumar Reang was detained and disarmed. He also admitted that he fired with his service weapon.

2.2. The case was initially registered and investigated by Bodhjungnagar P.S., Dist. West Tripura vide Case No.2017BJN50 dated 21.11.2017, under Section 302 of IPC & 27 of the ARMS ACT against Rfn.(GD) No.091310251 Nanda Kumar Reang of 2nd BN, TSR Head Quarter, R.K. Nagar, P.S.-Bodhjungnagar on the basis of the written complaint of Shri Dilip Sarkar, S.I. of p