UTPAL DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 by Sri Utpal Debbarma, the accused petitioner, hereinafter called 'the petitioner', for granting bail in connection with G.R. Case No. 280/ 1998 (arising from East Agartala P.S. Case No. 37/1998), pending in the Court of the learned Addl. Chief Judicial Magistrate, West Tripura, Agartala. The petitioner has been in custody since 11.07.2011 and his bail application had been rejected consecutively by the Addl. Chief Judicial Magistrate, West Tripura, Agartala. From the records it appears that on 12.4.2012, the Addl. Chief Judicial Magistrate, West Tripura, Agartala, rejected the bail prayer of the petitioner with the following observations:

(2.) The genesis of the case is rooted in the First Information Report filed by Debajyoti Gautam, Officer In-charge, East Agartala Police Station. In the said report, the informant alleged that the FIR named accused along with their associates with an intent to establish an independent "Borok Land Twipra" by way of secession from the territory of India formed a dreaded organisation for waging armed struggle in alliance with the other armed organisation namely, NSCN of Nagaland etc. and, to achieve that object, to incite indigenous people of Tripura for participating in the said secessionist activities. It has been further alleged that the said insurgent group namely, National Liberation Front of Twipra (NLFT), in pursuasion of their aim and object, engaged it in several violent and unlawful activities like killing of civilians, police, security personnel, abduction of civilians for realising ransom, extortion of funds from the public including the businessman and traders. The said insurgent group has allegedly been procuring large quantity of arms and ammunition through the clandestine/illegal channels and inducting them secretly in Tripura through the neighbouring countries. They are establishing and maintaining camps in the neighbouring country for the purpose of safe sanctuary, training, procuring of arms and ammunition. The said group has been declared as unlawful for causing and fomenting communal hatred between the tribal and non-tribal communities in Tripura for purpose of achieving their secessionist 'dream'. It is the Central Government which declared the NLFT as an unlawful organisation. On the basis of the said First Information Report, the East Agartala RS. Case No. 37/1998 was registered under Sections 153(A)/ 153(B)/ 120(B)/ 121(A)/ 122 of IPC and Sections 10/ 13 of the Unlawful Activities (Prevention) Act, 1967.

(3.) It appears further from the records that the petitioner while crossing the Mizoram-Tripura border through a passage near Damcherra, was intercepted on tip or a secret information by 26, Assam Rifles, Aizawl and was nabbed with some incriminating materials. Thereafter, the petitioner was handed over to the Tripura Police through one Deputy Superintendent of Police (CID), Agartala. On his arrest, he was produced as a co-accused in the said East Agartala P.S. Case No. 37/ 1998 (corresponding to GR. Case No. 280/ 1998). The final form under Section 173(2) of Cr.P.C. was filed by the police preceding the arrest of the petitioner in the said case and on arrest of the petitioner, the police has filed a supplementary charge-sheet No. 180 against the petitioner on having been found a prima facie case established on the basis of the materials collected during the investigation under Sections 153(A)/ 153(B)/ 120(B)/ 121(A)/ 122 of IPC and Section 10/ 13 of the Unlawful Activities (Prevention) Act, 1967.