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Judgment
This bail application under Section 483(1)(a) of BNSS is filed for granting bail to the accused person-in-custody in connection with Belonia Women PS case No.14 of 2025 corresponding to S.T.(T-I) 19 of 2025 now pending before the Court of Learned Addl. Sessions Judge, South Tripura, Belonia.
Heard Learned Counsel, Mr. Abhinandan Paul appearing on behalf of the accused person-in-custody, and also heard Learned P.P., Mr. Raju Datta appearing on behalf of the State-respondent.
At the time of hearing, Learned Counsel for the accused person-in-custody submitted that in this case this present accused person and others are incarceration in jail for a quite long period and by this time, out of total 53 numbers of witnesses, the prosecution has adduced 37 numbers of witnesses till date. From the evidence on record, it is crystal clear that the prosecution till today could not place any materials before this Court showing involvement of the present accused person with the alleged offense. So, Learned Counsel urged for releasing the accused person on bail in any condition, or at least on interim bail till conclusion of trial.
On the other hand, Learned P.P., Mr. Raju Datta appearing on behalf of the State-respondent strongly opposed the bail application and submitted that there is direct evidence against the accused person-in-custody showing his implication with the alleged offense and if at this stage the accused is released on bail, in that case, the trial would be vitiated and the prosecution case will suffer. So, Learned P.P. urged for dismissal of the bail application.
In this case, the prosecution case, in short, is that on 11.08.2025, one Priti Debnath laid an FIR to O/C Belonia Women Police Station alleging inter alia that on 28.07.2025 at about 4 pm her mother, Kana Debnath, went out from home, but she could not be traced out. After that, a missing diary was laid in the police station, but in spite of filing missing diary, she could not be traced out. Thereafter, in course of investigation, this present accused person was intercepted along with others.
I have also perused the record of the Learned Trial Court as well as the evidence on record adduced by the prosecution till date.
The trial of this case is yet to be completed.
From the evidence on record, it appears that there is disclosure statement of the accused person in regard to the crime committed. He along with another procured the articles used in the commission of offence from shops and the owners of the shops also gave statements against them. So, considering the materials on record, I am not inclined to grant bail to the accused person-in-custody at this stage. Hence the bail application stands rejected.
The accused is to remain in Judicial Custody as before.
From the record, it appears that the case is posted for recording evidence of PWs w.e.f. 11.11.2026 to 20.11.2026 and it is expected that by this time the prosecution would be able to produce the other witnesses.
However, Learned Trial Court shall make all endeavour to dispose of the case giving top priority on the ground that the accused persons are lodging in jail.
With this observation, this present bail application stands disposed of.
Send down the record to the Learned Trial Court along with a copy of this order.
Return back the Case Diary to I/O through Learned P.P. along with a copy of this order.