PRASANTA KAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This bail application is filed under Sec. 483 of BNSS for releasing of the accused in custody namely Sri Prasanta Kar in connection with East Agartala PS Case No.2024EAG119 under Sec. 329(3)/308(5)/ 109/61(2)/351(2)/3(5) with added Sec. 111(1)(3)(4)(6)(7) and 308(4) of BNS, 2023. Heard Learned Senior Counsel Mr. Bikash Ranjan Bhattacharjee assisted by Mr. K.D. Singha, Learned Counsel and Mr. A. Jamatia, Learned Counsel appearing through virtually. Also heard Learned P.P. Mr. Raju Datta appearing on behalf of the State-respondent.

(2.) In course of hearing of argument Learned Senior Counsel today drawn attention of the court that on the last day he made submission and accordingly today was fixed for production of CD by the prosecution and also for record of the Learned Jurisdictional Court. By this time the accused has been admitted in the hospital and he is suffering from severe ailments. Learned Senior Counsel further submitted that since the chargesheet is submitted so no purpose would be served by keeping the accused in judicial custody, so for the purpose of treatment and also for conducting the defence Learned Senior Counsel urged for releasing the accused on bail if necessary with some strict conditions.

(3.) On the other hand, Learned P.P. first of all drawn the attention of the court that initially the accused was granted bail by the court but after release on bail the accused threatened the informant of the case and accordingly on the prayer of the prosecution his bail was cancelled and he was taken into custody. In the meantime the I.O. has laid chargesheet against this accused and two others with a prayer for holding custody trial of the accused. Learned P.P. further submitted that from the statement of witnesses so far collected by I.O. during investigation it transpires that there are sufficient materials showing implication of the accused with the alleged crime. So if at this stage the accused is released on bail in that case there is every chance that he may threaten the witnesses of the prosecution and the trial would be frustrated. So he urged for further detention of the accused in custody by rejecting the bail application.