SURAJ KUMAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This application under Sec. 528 read with Sec. 483 of BNSS, 2023 is filed for relaxation of the conditions of bail imposed upon the petitioner vide order dtd. 25/4/2025 passed in B.A. No.22 of 2025 and its subsequent order dtd. 7/7/2025 in I.A. No.01 of 2025 arising out of the said bail application.

(2.) Heard Learned Senior Counsel, Mr. S. Sarkar assisted by Learned Counsel, Mr. Kabrabam D. Singha appearing on behalf of the accused-applicant and also heard Learned Addl. P.P. appearing on behalf of the State. Taking part in the hearing, Learned Senior Counsel first of all drawn the attention of the Court that vide order dtd. 25/4/2025 in B.A. No.22 of 2025 the accused-applicant was granted bail by this Court but as he could not execute bail bond, another I.A. was filed by the applicant and vide order dtd. 7/7/2025 in I.A. No.01 of 2025 his bail was modified to the extent that the accused-applicant at the time of release on bail shall execute fresh bail bond of Rs.1,00,000.00 with one surety who must be a local person with further condition that he shall attend Court twice in a week till conclusion of trial and he shall not leave the jurisdiction of the Court without prior permission. Referring the said order, Learned Counsel submitted that the trial of this case by this time has commenced and the case is now posted for exam of prosecution witnesses at serial No.2 & 3 on 30/1/2026 but since the accused-applicant is a resident of Bihar, so, it has become difficult on his part to attend Court twice in a week. So, Learned Senior Counsel urged for modification of the said condition of bail granted to the accused.

(3.) Learned Addl. P.P. appearing on behalf of the State opposed the submission made by Learned Senior Counsel for the accused-applicant and submitted that if the condition is relaxed in that case the accused may abscond. So, he urged for dismissal of this application. I have also perused the order dtd. 15/11/2025 passed by Learned Spl. Judge, Gomati District, Udaipur in Special (NDPS)-05 of 2025. From the said order, it appears that the next date of this case is fixed 30/1/2026 for examination of PWs at serial No.2 and 3 of the charge-sheet.