Sri Dipankar Goswami and Anr v. The State of Tripura

Order

01/08/2025

This pre-arrest bail application is filed for granting bail to the accused-applicants namely Sri Dipankar Goswami and Sri Subhankar Goswami in connection with Dharmanagar Women P.S. Case No.13 of 2025 registered under Section 329(3)/74/117(2) & 351(2) of BNS. Heard Learned Senior Counsel Mr. B. N. Majumder assisted by Mr. S. Sarkar, Learned Counsel and Mr. R. Chakraborty, Learned Counsel appearing for the applicants and also heard Learned P.P. Mr. R. Datta appearing for the State. As ordered earlier Learned P.P. produced the Case Diary. The prosecution case in brief is that on 06.07.2025 at about

7.50 a.m. the informant of this case was waiting in order to proceed towards Art School, Panisagar when her colleague Sur Subhan Debnath came and that time the accused No.1 Subhankar

Goswami came there and started abusing her. That time some hot altercation took place. After that she proceeded to her workplace and left the P.O. Thereafter the accused Subhankar went to the residence of the informant and threatened the mother of the complainant and out of fear the mother of the informant called her and after hearing the information she rushed to her house when the accused Dipankar Goswami started abusing her in slang languages and became furious and pushed the informant and he also tried to outraged her modesty and when colleague of the informant came to rescue that time the accused Subhankar Goswami started assaulting him and not only that he also assaulted the mother of the informant. This is the gist of the FIR. The investigation of the case is in progress. I have perused the CD and the materials so far collected and also the statement of the witnesses so far collected by I.O. up to this stage of investigation and also perused the injury report of the alleged victim. The statement of the victim is also recorded by the Learned Court below. Also perused the judgment of the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar & Anr. reported in (2014) 8 SCC 273. From the facts and circumstances of this case and also considering the materials on record it appears to this Court that this is a fit case where consideration of pre-arrest bail be granted to the applicant accused persons and accordingly the application for granting pre-arrest bail to the accused persons stands allowed. The applicant accused persons may be released on bail of their execution of bond of Rs.25,000/- with one surety of like amount to the satisfaction of the O/C of concerned P.S. in the event of their arrest with the condition that

they shall appear before I.O. as and when called for and they shall not make any attempt to tamper the evidences of the prosecution nor they shall leave the jurisdiction without prior permission of the concerned P.S. failing which the I.O. shall be at liberty to approach for cancellation of bail to the Court of Learned Jurisdictional Magistrate. In view of the above, this bail application stands disposed of. Send down the record to the Learned Trial Court. Return back the CD to the I.O. through Learned P.P. along with a copy of this order. A copy of this order be supplied to Learned Senior Counsel Mr. B. N. Majumder appearing for the applicants for information and necessary action.

JUDGE

Moumita MOUMITA DATTA Date: 2025.08.01 05:05:57 +05'30'

HIGH COURT OF TRIPURA AGARTALA AB No.51 of 2025 1. Sri Dipankar Goswami 2. Sri Subhankar Goswami, Both are Son of Late Sailendra Goswami, Both are resident of 43, Algapur (Paschim), Baruakandi, P.O. Dharmanagar, P.S. Dharmanagar, District: North Tripura, PIN:799 250 ---Applicant –Accused Persons -Vs- The State of Tripura ---Respondent For Applicant(s) : Mr. Bibhal Nandi Majumder, Sr. Adv. Mr. Samrat Sarkar, Adv. Mr. Rounak Chakraborty, Adv. For Respondent(s) : Mr. Raju Datta, P.P. HON'BLE MR. JUSTICE BISWAJIT PALIT