LAWS(TRIP)-2025-5-2

CHANDANA DAS BHOWMIK Vs. STATE OF TRIPURA

Decided On May 08, 2025
Chandana Das Bhowmik Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) This bail application is filed under Sec. 483 of BNSS for releasing of the accused in custody namely Sri Shibu Bhowmik who is lodging in jail in connection with RK Pur PS Case No.46 of 2025 under Sec. 281/105 of BNS along with Sec. 184/187 of MV Act.

(2.) Heard Learned Senior Counsel Mr. P. K. Biswas assisted by Mr. P. Biswas appearing on behalf of the accused in custody and also heard Learned P.P. Mr. Raju Datta appearing on behalf of the State. As ordered earlier the CD has been produced today. By this time we have also received the LC record.

(3.) Taking part in the hearing Learned Senior Counsel first of all has drawn the attention of this court referring the contents of the FIR and submitted that although the case is registered under Sec. 281/105 of BNS but there is no ingredients in the FIR which attracts the provision of Sec. 105 of BNS rather to the extent Sec. 106 of BNS may be applicable in this case. But Learned courts below could not appreciate the same and rejected the bail applications and furthermore the accused is in custody on and from 23/3/2025. So considering the period of detention of the accused in custody he urged for allowing the accused to go on bail in any condition.