SWAPNA CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This bail application under Sec. 483 of BNSS, 2023 is filed for releasing the accused-in-custody namely Sri Amit Ghosh who is lodging in jail in connection with case No.S.T.(T-1) 24 of 2024 arising out of Teliamura P.S. case No.48 of 2024 under Sec. 103(1)/61(2)/238 of BNS.

(2.) Heard Learned Senior Counsel, Mr. P. K. Biswas assisted by Learned Counsel, Mr. Pujan Biswas appearing on behalf of the accused-in-custody and also heard Learned P.P., Mr. R. Datta representing the State-respondent.

(3.) As per earlier order, Learned P.P. has produced the Case Diary and also we have received the LCR by this time. Taking part in the hearing, Learned Senior Counsel, Mr. P. K. Biswas first of all drawn the attention of the Court, the contents of the FIR and submitted that the FIR was unknown and in course of investigation, the present accused was arrested and taken into custody along with another accused and save and except confessional statement of the accused, there is no evidence on record against the accused-in-custody and furthermore, the alleged statement of the accused was also not recorded as per the prescribed procedure of law and furthermore, referring the final report of I.O., Learned Senior Counsel submitted that the accused himself appeared before the Police Station being called for and there is no chance of his absconsion or tempering the evidence on record, since the I.O. by this time has laid charge-sheet against the accused. Learned Senior Counsel further referred citation of a Division Bench of this High Court in Crl.A.(J) 12 of 2023 reported in (2024) 2 TLR 359 wherein in para No.34, this High Court observed as under: