Tripura High Court
Abdul Satir Hossen vs The State Of Tripura on 11 June, 2025
HIGH COURT OF TRIPURA
AGARTALA
AB No.43 of 2025
Abdul Satir Hossen,
Son of Md. Akter Ali,
Of Sabajpur,
P.S. Dharmanagar,
District: North Tripura
---Applicant
-Vs-
The State of Tripura
---Respondent
For Applicant(s) : Mr. Santi Bhusan Debnath Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
11/06/2025
This pre-arrest bail application under Section 482 of BNSS is filed for granting bail to the accused-applicant namely Abdul Satir Hossen in connection with West Agartala Women P.S. Case No.5 of 2025 under Section 85/117(2)/109(2) of BNS, 2023.
Heard Learned Counsel Mr. S.B. Debnath appearing on behalf of the accused-applicant and also heard Learned P.P. Mr. Raju Datta appearing on behalf of the State-respondent. As ordered earlier Learned P.P. has produced the CD today before this court today.
The prosecution case in short is that about 14/15 years back the marriage of the victim who is the sister of the complainant/informant was held with the accused-applicant Abdul Satir Hossen and out of their wedlock they blessed with a son namely Sakkir Ahmed who is presently aged about 8 years. After the marriage the accused-applicant subjected the victim both physical and mental cruelty and due to constant torture the victim was compelled to leave her matrimonial home and took shelter at 2 her sister's house at Mayla Khoila under West Agartala P.S. On 13.02.2025 the accused-applicant came to the residence of the sister of the victim at Mayla Khoila and severely assaulted the victim with iron rod resulting which the victim had sustained grievous injuries on her person and she also sustained fracture injuries with profuse bleeding and fainted at the spot. Immediately she was taken to IGM Hospital from where she was referred to the AGMC & GBP Hospital, Agartala for her better treatment and accordingly the complainant laid the FIR to O/C, West Agartala, Women P.S. and pursuant to that this present case is registered.
In course of hearing Learned Counsel appearing for the accused-applicant submitted that both the applicant and the victim presumed conjugal life for a long period without any disturbance and for the first time the accused-applicant committed the offence. Learned Counsel further submitted that although the accused-applicant committed the offence but he had maintained all the expenses in respect of the treatment of the victim and presently the applicant is also living peacefully with the victim. So Learned Counsel urged for granting bail in any condition.
On the other hand, Learned P.P. appearing on behalf of the State-respondent submitted that there is sufficient material against the accused showing his implication with the alleged crime. So Learned P.P. urged for rejection of the bail application.
I have perused the case diary and also the statement of the witnesses so far collected by the I.O. in course of investigation including the statement of the victim recorded by Learned Magistrate under Section 183(6)(a) of BNSS including the injury 3 report of the victim. The case is registered under Section 85/117(2)/109(2) of BNS, 2023. From the statement of the victim and other witnesses it appears that the accused-applicant used to cause physical cruelty upon the victim often on. But from the materials on record I find no materials showing implication of the applicant with the alleged offence punishable under Section 85 of BNS. However, from the injury report of the victim submitted by I.O. it appears that the victim also sustained puncture and fracture injury which was caused by hard object.
However, on perusal of the materials on record there is no scope to believe that the present accused is totally innocent. But whether the alleged charges levelled against the accused would be applied against him or not is a subject matter of trial. However, there is no other evidence on record that the present applicant committed the same crime upon his wife earlier. So considering the materials on record and also the injury report of the victim I would like to consider the pre-arrest bail application. The accused- applicant Abdul Satir Hossen may be enlarged on pre-arrest bail of his execution of bond of Rs.50,000/- (fifty thousand) with one surety of the like amount to the satisfaction of the O/C of the concerned P.S. in the event of his arrest with further condition that the applicant shall appear before the I.O. of this case as and when called for till filing of chargesheet and he shall not leave the jurisdiction of the concerned P.S. without prior permission of the O/C of the concerned P.S. nor shall make any attempt to tamper the evidence on record of the prosecution. However, it is made clear that if by this time if any further evidence reveals against 4 him showing that the accused violates the condition of the bail or anyway disturbs or threatens the victim in that case the I.O. shall be at liberty to pray for cancellation of bail to the concerned court. Accordingly, this bail application stands disposed of.
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 communicated to the Learned Court below.
Also a copy of this order be supplied to the Learned Counsel appearing for the accused-applicant in course of the day.
JUDGE
MOUMITA Digitally signed by
MOUMITA DATTA
DATTA Date: 2025.06.11 04:22:02
+05'30'
Moumita