Sri Sadhananda Chowdhury vs The State Of Tripura

This application for bail has been filed under Section 483 of BNSS, seeking bail of the accused, Sri Sudip Chowhdury, in connection with East Agartala P.S. Case No.2026 EAG0121.

[2] The FIR was lodged by one Sri Srijib Saha of C.R. Road, Agartala on 12.08.2026 that in the night of 12.08.2026, some miscreants entered into his house on the second floor and stole away Rs.1,00,000/- [Rupees One lakh] cash, one laptop and 165 grams of gold while they were sleeping.

[3] The police arrested the accused persons, namely Sri Sudip Chowdhury of Ambassa along with another co-accused, namely Anit Deb of Gandacherra and took them on police remand for three days.

[4] After completion of 3[three] days police remand, the investigating officer stated that according to Anit Deb, he stole away all the golden ornaments and handed over the same to the present accused which during interrogation, the present accused denied. The Investigating Officer also further prayed for police remand of present accused which was rejected by the learned Magistrate allowing him to interrogate the accused in the judicial custody. Since then, he is in custody for about 25 days.

[5] Mr. B.N. Majumder, learned senior counsel appearing of the accused petitioner submits that initially the case was registered under Sections 331(3)/305 of BNS and the prescribed punishment of the same are either 7[seven] years of imprisonment or below the same. According to learned senior counsel, further provision of Section 111(4) of BNS was also added by the investigating officer but the present accused cannot be treated as a member of any organised crime syndicate as he is the first time offender and there is no material that within preceding 10 years any other charge-sheet is submitted against him in connection with any other case and therefore, Section 111(4) of the BNS is not applicable in this case. Learned senior counsel further submits that vide orders dated 03.09.2026 and 08.09.2026, two co-accused persons namely, Sri Abhibhusan Debnath and another Sri Suresh Akaram Virkar were granted bail by the learned Magistrate. According to learned senior counsel, the purpose of interrogation is already over and for a considerable period the accused is in custody. Moreover, nothing was recovered from him. Therefore, the bail may be granted to him on any condition.

[6] Mr. R. Datta, learned P.P. however, opposing the prayer and referring to the materials available in the case diary submits that prima-facie there are materials in the case diary that after 4[four] days of the alleged occurrence, the present accused went to the shop of one goldsmith for taking measurement of one gold chain and also asked for gas cylinder for melting the gold bangles by his father and other materials and on 12.08.2026, the co-accused Anit Deb was found entering into the shop of the father of the present accused on several occasions. Learned P.P. though refers to the interrogation report of one co-accused, namely Abhibhusan Debnath about selling of ‘goina’ that at the instance of present accused and his father, he sold one gold shape of ‘goina’ of weight around 48 grams and collected more than Rs.6,00,000/-[Rupees six lakhs] by selling the same but such statement was made to the police during interrogation and cannot be taken into consideration.

[7] This Court has further considered the other submissions of both sides.

[8] There is nothing that the present accused was engaged in organised crime syndicate in terms of the provisions of Section 111 of BNS and for a considerable period, the accused is in custody and he has also undergone thorough interrogation by the police but nothing was recovered from him.

[9] Considering all these aspects, the bail prayer of the accused person, namely Sri Sudip Chowdhury is allowed. He may go on bail on furnishing a bond of Rs.50,000/- [Rupees Fifty thousand] only along with one surety of the like amount to the satisfaction of the learned Elaka Magistrate on conditions that twice in a week he will give his attendance at Ambassa PS till the charge-sheet is submitted or till the condition is relaxed by the learned Elaka Magistrate. He will regularly attend the Court to face the trial and will not try to influence or terrorize any person acquainted with the facts of the case and as and when his presence his required, he will appear before the investigating officer positively for further investigation.

With such observation and directions, this bail application is disposed of.

Reconsign the records of the learned trial Court.

Communicate a copy of this order to the learned Magistrate dealing with the police file of the case.

Send a copy of this order to O/C, Ambassa PS.

Pending application(s), if any, also stand disposed of.