Sri Neeraj Kumar vs The State Of Tripura

This is an application filed under Section 483(1) of BNSS, 2023 for granting bail to the accused in custody in connection with Agartala GRPS No.2025 GRP 086 dated 30.08.2025 corresponding to Case No.Special (NDPS) 19 of 2026 now pending before the Court of Learned Special Judge, Court No.4, West Tripura, Agartala under Section 20(b)(ii)(C) and 29 of NDPS Act.

Heard Learned Counsel, Mr. Sankar Lodh appearing on behalf of the applicant-accused in custody. Also heard Learned P.P., Mr. Raju Datta appearing on behalf of the respondent-State.

At the time of hearing, Learned Counsel for the accused in custody submitted that the present applicant-accused was arrested by the police of Agartala GRPS on 31.08.2025 and on and from that day he is lodging in custody. Learned Counsel further submitted that the applicant-accused was in police custody for 4(four) days and thereafter in judicial custody for 357 days. Thus, he is languishing in jail for 361 days. It was further submitted that the other accused persons have already been granted bail. But, since the present applicant-accused is languishing in jail for more than one year so, considering the period of his incarceration in jail he may be released on bail in any condition or alternatively, Learned Counsel submitted that a direction may be given to the Learned Trial Court to split up the trial of the case against the present applicant-accused.

Learned P.P., Mr. Raju Datta appeared on behalf of the respondent-State and submitted that at this stage, there is no scope to grant bail to the applicant-accused since there are prima facie materials against him. Further, after completion of investigation, the I.O. has laid charge-sheet against the present accused and two others. However, Learned P.P. fairly submitted that the trial may be split up against the present applicant-accused.

Considered.

I have perused the record of the Learned Trial Court.

From the record it appears that by order dated 03.11.2025, Learned Trial Judge granted interim bail to one of the accused namely, Hashna Begam and by order dated 06.11.2025, another accused namely, Jyoti Kumari was granted bail. However the accused namely, Hashna Begam violated the order of the bail granted to her. As such, by subsequent order dated 12.02.2026, Learned Trial Judge issued warrant of arrest against her and also issued show-cause notice to her surety. Although, the accused namely, Jyoti Kumari was granted bail, she is appearing before the Learned Trial Court. Charge-sheet has already been submitted in this case against the present accused and the two others on 13.01.2026 under Section 20(b)(ii)(C) and 29 of NDPS Act vide GRPS Charge-sheet No.118/25. So, considering the materials on record, at this stage, I find no scope to grant bail to the present applicant-accused.

In the result, the bail application filed by the applicant-accused stands rejected being devoid of merit.

However, considering the nature and gravity of the offence and also the fact that one of the accused namely, Hashna Begam is avoiding police and warrant of arrest is issued against her, it is observed that the Learned Trial Court shall split up the trial of this case in respect of the said accused and shall proceed with the trial in respect of the other two accused persons available before the Learned Court in accordance with law at an earliest convenience under Section 355(2) of BNSS, 2023 corresponding to erstwhile Section 317(2) of Cr.P.C, 1973.

With this observation, this present bail application stands disposed of.

Send down the LCR along with a copy of this order to Learned Trial Court. Also send down the CD to I.O. through Learned P.P. along with a copy of this order.