Sri Anil Kumar Roy & Ors. vs Tripura State Of Tripura

This pre-arrest bail application under Sections 126(2)/118(2)/109/304(2)/3(5) of BNS is filed for granting pre-arrest bail to the accused-applicants.

Heard Learned Counsel, Mr. S. Lodh appearing on behalf of the accused-applicants and also heard Learned Addl. P.P., Mr. S. Saha appearing on behalf of the respondent-State.

At the time of hearing, Learned Counsel for the applicants-accused first of all drawn the attention of this Court that on the basis of an FIR laid by one Sanjit Roy, the present case has been registered under Sections 126(2)/118(2)/109/304(2)/3(5) of BNS but it is surprising as to why Section 118(2) of BNS has been added in this case. Furthermore, there is also no material to invoke Section 109 of BNS in this case. Learned Counsel thereafter submitted that on the same subject matter another FIR was laid by one Rona Devi, wife of Nagina Roy and on the basis of same, a separate NCC P.S. case has been registered under Sections 126/118(2)/3(5) of BNS. But till today no action has been taken by Police on the said FIR. More interestingly, in this case overlooking the provisions of Section 35 of BNSS the I.O. has issued notice upon the applicant-accused persons. So, Learned Counsel urged for granting pre-arrest bail to all the applicant-accused persons in any condition.

On the other hand, Learned Addl. P.P. strongly opposed the bail application and submitted that considering the materials on record there is no scope to grant pre-arrest bail to the applicant-accused persons and from the facts and circumstance of the case the intention of the applicants showing their involvement cannot be denied. So, Learned Addl. P.P. urged for dismissal of the bail application.

Heard both the sides at length and perused the relevant prosecution papers. In this case the prosecution was set into motion on the basis of an FIR laid by one Sanjit Roy, i.e. the informant to O/C, NCC P.S. alleging inter alia that on 04.09.2026 in the night at about 8 P.M. one Anil Roy came to his residence and requested him to pay visit to the shop of one Rajesh Kumar Shao and accordingly, the informant along with said Anil Roy went to that shop and on arrival therein he found one Nagina Roy, son of Lt. Rajdu Roy; Anil Roy, Son of Nagina Roy; Pintu Roy, son of Sri Nagina Roy; Naginder Roy, son of Lt. Rajdu Roy; Akash Roy, son of Naginder Roy; Viki Roy, son of Naginder Roy and Ajay Roy (Fantos), son of Naginder Roy belonging to Lichubagan near Hanuman Mandir area. Thereafter, as per direction of said Nagina Roy all the aforesaid persons suddenly attacked upon him and started assaulting him, for which he sustained injuries to his head, face, causing profuse bleeding. On hearing his hue and cry, when his father and brother came to rescue him that time the aforesaid accused persons also attacked upon them and due to their clandestine assaults, his brother and father became unconscious and that time the said miscreants snatched away one gold made chain of 15 gms from the neck of his brother. That time, his another younger brother, Ranjit Roy came and found the accused persons to commit the offence and accordingly, he informed the neighbouring persons. Thereafter, the informant and his father and brother were shifted to AGMC and GMP Hospital. It was further submitted that at GBP Hospital he was given 12 nos. of stitches and his father also sustained injury to his right leg and as the condition of his brother Tuntun Roy was serious, so, he was referred to ILS Hospital. Hence, the informant laid the FIR on 05.09.2026 and on the basis of the said FIR this present case has been registered against the present applicants-accused persons and others.

I have perused the FIR of this present application and also the FIR laid by said Rona Devi, wife of Nagina Roy and subsequent FIR laid by one Nagina Roy to O/C, NCC P.S. on 14.10.2026. I have also perused the injury reports of the victim, so far collected by I.O. in this case.

Admittedly, among the rival parties two cases were registered. Each case will proceed according to its own merit. At the time of hearing, Learned Addl. P.P. tried to draw the attention of the Court referring certain judgments. The investigation of the case is at the nascent stage, so, at this stage it cannot be said that the present applicant-accused persons are completely innocent. Their innocence or guilt can only be ascertained after conclusion of trial. The alleged incident took place at 04.09.2026 at night and the FIR was laid by the informant on the following day, i.e. on 05.09.2026. It is also surprising as to why I.O. issued notice upon the present applicant-accused persons in this case when the case is registered.

Perused the record of the Learned Trial Court. The I.O. in this case prayed before the Court for issuing non-bailable arrest against the present applicant-accused persons although the same was rejected by the Learned Trial Court by order dated 21.10.2026. However, considering the materials on record and also the injury reports so far collected by I.O. of the alleged victims, at this stage, I do not find any scope to disallow the prayer filed by the present applicant-accused persons and in my considered view this is a fit case where concession of pre-arrest bail be granted to the applicant-accused persons.

In the result, the pre-arrest bail application filed by the applicant-accused persons is hereby allowed. The applicant-accused persons may be released on bail in the event of their arrest to the satisfaction of the Arresting Authority of their execution of bond of Rs.50,000/- with one surety of like amount with the following terms and conditions: