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HIGH COURT OF TRIPURA

AGARTALA

A.B. No.9 of 2026

1. Smt. Suparna Debnath (aged about 49 years)

W/O Sri Shibu Saha,

Resident of Durjoynagar,

P.S.-New Capital Complex,

District-West Tripura;

2. Sri Bijan Debnath(aged about 45 years),

S/O Late Bikash Debnath,

Resident of Durjoynagar, P.S.-New Capital Complex,

District-West Tripura;

3. Sri Sujit Mandal(aged about 49 years)

S/O-Lt. Birendra Mandal,

Resident of Durjoynagar, P.S.-Airport,

District-West Tripura;

4. Sri Nitai Saha (aged about 45 years),

S/O-Sri Gouranga Saha,

Resident of Durjoynagar, P.S.- New Capital Complex,

District-West Tripura;

5. Sri Raju Saha (aged about 49 years),

S/O-Sri Radhu Saha,

Resident of Lichubagan, P.S-New Capital Complex,

District-West Tripura;

6. Sri Chiranjit Dhar (aged about 37 years)

S/O-Late Bapi Dhar,

Resident of Durjoynagar, P.S.-Airport,

District-West Tripura;

7. Sri Subhrajit Dhar @ Subha Dhar (aged about 28 years)

S/O Samujwal,

Resident of Durjoynagar, P.S.-Airport,

District-West Tripura;

8. Sri Dipu Mandal (aged about 40 years)

S/O Late Dilip Mandal,

Resident of Durjoynagar, P.S.-Airport,

District-West Tripura;

9. Sri Nayan Das (aged about 43 years),

S/O-Nabin Chandra Das,

Resident of Durjoynagar, P.S.-New Capital Complex,

District-West Tripura;

10. Sri Benu Deb, (aged about 53 years),

S/O Lt. Hiralal Deb,

Resident of Madhya Bhubanban, P.S.-New Capital Complex,

District-West Tripura.

---- Petitioner(s)

Versus

The State of Tripura

----Respondent(s)

Page 2 of 10

For Petitioner(s) : Mr. Sankar Lodh, Adv.

For Respondent(s) : Mr. Raju Datta, P.P.

HON’BLE MR. JUSTICE BISWAJIT PALIT

Order

04/02/2026

Heard Learned Counsel Mr. Sankar Lodh appearing on

behalf of the petitioners and also heard Learned P.P., Mr. Raju Datta

appearing on behalf of the State-respondents.

This pre-arrest bail application under Section 482 of

BNSS is filed by the petitioner praying for granting them pre-arrest

bail.

At the very outset, Learned P.P. appearing on behalf of

the State-respondent submitted that this present petition is not

maintainable as because the present petitioners without approaching

the Court of Sessions have directly come to the High Court which

cannot be considered in view of the different judgments of Hon’ble

the Apex Court. It was further submitted that another accused

namely Rajesh Ghosh of the same case earlier approached before the

Court of Learned Session Judge and his pre-arrest bail application

was rejected and thereafter the said accused petitioner has

approached for bail before this Court which is on board today vide

A.B. No.5 of 2026.

In support of his contention, Learned P.P. relied upon one

order of Hon’ble the Supreme Court dated 08.09.2025 passed in

connection with Special Leave to Appeal(Crl.)/6588/2025

Page 3 of 10

wherein in para Nos.8 and 9, Hon’ble the Apex Court observed as

under:

“8. We further feel that if the practice of

entertaining the applications for pre-arrest bail

directly in the High Court is encouraged, and the

parties concerned are not relegated to first

approach the Sessions Court concerned, the High

Court would be flooded with a spate of pre-arrest

bail applications thereby creating a chaotic

situation. We say so, because if the parties are

required to approach the Sessions Court concerned

for seeking remedy of pre-arrest bail, there is a

strong probability that significant number of

applications would be allowed at that level only

thereby acting as a filtration process before the

process reaches the High Court.

9. It is trite that in most of the States, there is a

consistent practice requiring the litigant concerned

to first approach the Sessions Court for seeking

relief of pre-arrest bail and only in the event of

denial of such relief, the litigant would be granted

access to approach the High Court for seeking such

relief. This is, of course, subject to just exceptions

and the High Court, for reasons to be recorded, may

entertain an application for pre-arrest bail directly

in special/extra-ordinary circumstances.”

Learned P.P. also relied upon another order of Hon’ble the

Apex Court a