HIGH COURT OF TRIPURA AGARTALA B.A. No.28 of 2025 Pinki Saha Roy (40 years)

D/O: Lt. Gopal Bihari Saha Roy, W/O: Sri Raju Barman, R/O: Buddhamandir, Opposite of Bazaar India Shopping Mall, P.O: Ujan Abhoynagar, P.S: NCC, Dist: West Tripura, Pin: 799005 ---- Applicant(s)

For and on behalf of:

Shani Saha Roy (38 years), S/O: Lt. Gopal Bihari Saha Roy, R/O: P.O: Ujan Abhaynagar, Chakraborty para, P.S: East Agartala, Dist: West Tripua, Pin: 799005.

---- Accused Person Versus The State of Tripura ----Respondent(s)

For Applicant(s) : Mr. Samrat Kar Bhowmik, Sr. Adv, Mr. Sreekanta Bal, Adv, Mr. Ezekiel L. Darlong, Adv, Mr. Riya Roy Chowdhury, Adv.

For Respondent(s) : Mr. Raju Datta, P.P., Mr. Rajib Saha, Addl. P.P., Mr. Bibhal Nandi Majumder, Spl. P.P., Mr. Sankar Lodh, Spl. P.P.

HON’BLE MR. JUSTICE BISWAJIT PALIT

Order

28/04/2025 This bail application under Section 439 of Cr.P.C. is filed for releasing the accused in custody namely Shani Saha Roy in connection with Airport PS case No.37 of 2024 under Section 302/120(B) of IPC read with Section 27 of Arms Act and added Section 201/34 of IPC.

Heard Learned Senior Counsel, Mr. S. Kar Bhowmik assisted by Learned Counsel, Mr. Ezekiel L Darlong and also heard Learned Special P.P., Mr. Bibhal Nandi Majumder and Learned Special P.P., Mr. Sankar Lodh appearing on behalf of the State-

respondents along with Learned P.P., Mr. Raju Datta on

25.04.2025 fixing today for order.

On 25.04.2025, at the time of hearing, Learned Senior Counsel, Mr. S. Kar Bhowmik has drawn the attention of this Court that this accused is lodging in custody on and from 09.05.2024 and this is the second bail application of the said accused before the High Court. According to Learned Senior Counsel, in this case, part charge-sheet has already been submitted by the IO with a prayer for filing supplementary charge-sheet and referring the charge-sheet, he drawn the attention of the Court that in this case, on completion of investigation although IO has laid charge- sheet against the accused Raju Barman, Shani Saha Roy under Section 302/120(B)/201/34 of IPC and under Section 27 of Arms Act and also against the accused persons Sandip Kar alias Akash, Rakesh Barman under Section 302/120(B)/34 of IPC and Section 25/27 of IPC and against accused Pradyut Dhar Chowdhury, Birchakra Ghosh, Miss Susmita Sarkar and Smt. Uma Sarkar under Section 302/120B/34 of IPC and Section 27 of Arms Act and prayed before the Court for holding custody trial of the said accused persons. Learned Senior Counsel further drawn the attention of the Court that in the charge-sheet, it is mentioned by the IO that the investigation is continuing for the identification and to establish the role and to complicity of other associates is continuing. The further SFSL reports and other reports in support of the evidence shall be submitted immediately on receipt of the same in supplementary charge-sheet. So, it is clear that the IO is going to file another supplementary charge-sheet against the accused persons and by this time, the said accused shall be in incarceration without any justified grounds and considering the nature of involvement of the accused with the alleged crime, Learned Senior Counsel urged for releasing the accused on bail in any condition.

It was further submitted that although the IO in this case prayed for holding custody trial of all the accused persons but surprisingly by order dated 07.09.2024 passed in connection with BA No.172 of 2024 and order dated 07.09.2024 in connection with BA No.173 of 2024 accused Miss Susmita Sarkar and Smt. Uma Sarkar granted bail by the Learned Sessions Judge, West Tripura, Agartala as the prosecution did not oppose their bail application. Thus, it appears that the conduct of the prosecution itself is contradictory. It was further submitted by Learned Senior Counsel that in the earlier bail application, the parity was prayed for but at the time of hearing considering the period of detention of the accused in custody, the accu