SHIPRA BISWAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure, 1973 (Cr.P.C for short) for granting bail to accused Biplab Biswas who is an FIR named accused in Bodhjungnagar P.S. case No. 2022 BJN 035 registered under Sec. 326,0307,385, 506 read with Sec. 34 of the Indian Penal Code.

(2.) Heard Mr. S.Lodh, learned counsel appearing for the accused. Also heard Mr. R.Datta, learned PP, appearing for the State Respondent along with Mr.S.Debnath, learned Addl.PP.

(3.) The FIR was filed by Smt.Lovely Roy Shil, wife of Sri Dipak Shil, on 3/8/2022 with the Officer-In-Charge of Bodhjung Nagar Police Station alleging, inter alia, that her husband Dipak Shil, a contractor, was assaulted by the present accused along with his associates while he was supervising the road maintenance work at Banikya Chowmuhani, Agartala. It has been alleged by the wife of the injured contractor that the present accused and his associates demanded money from her husband. When he refused to pay the money to them, the present accused along with his associates attacked him with hammer, dao, rod and knife and the present accused stabbed him with a knife. Following the registration of the case, the accused was arrested and taken into custody. It appears from the record that the accused filed application for bail in the court of the learned Chief Judicial Magistrate, West Tripura, Agartala on 4/8/2022 which was rejected by the learned CJM. Thereafter, bail application was also filed by the accused before the learned Sessions Judge which was also rejected by the learned Sessions Judge by his order dtd. 29/9/2022 after perusal of the case diary.