BA/77/2026 of Smt Runa Deb on behalf of accd Sri Litan Debnath Vs The State of Tripura on 22 May 2026

Order

Whether fit for reporting :

=B=E=F=O=R=E= HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA Judgment and Order (Oral)

Heard Ld. Counsel of both sides.

The Application for bail has been filed on behalf of accused, Litan Debnath in connection with case No. Special (POCSO)

03 of 2026 arising out of Airport PS Case No.2025 ARP 69 which is pending in the Court of Ld. Special Judge(POCSO), West Tripura, Agartala. The accused is facing trial under Sections 64(2)(f), 65(1) of Bharatiya Nyaya Sanhita (for short- BNS), 2023 and Section 4 of POCSO Act. Yes No.

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The accused is the cousin brother of the victim. He was arrested on 19.11.2025, and for more than 6 months, he is in custody. Chargesheet has been filed long ago.

During hearing, Ld. Counsel, Mr. Ratan Datta submits that trial is already proceeded to a considerable extent and already 05(five) witnesses are examined in this case including the victim herself and therefore, there is no further necessity to keep the accused in custody. Ld. Counsel, Mr. Datta further submits that, if the accused is released on bail, he will regularly attend the Court to face trial and will not influence or terrorize any witness of the case and therefore, bail may be granted to the accused.

Ld. PP, on the last occasion, during hearing, opposed the bail prayer submitting that the victim and the accused are closely related to each other and they were cousin-brother and sister, and if released on bail, there would be every possibility of influencing the witnesses. Today, Ld. PP further submits that there are incriminating materials against the accused and even the victim has also stated against him supporting the charge. Therefore, considering the gravity of offence, bail prayer may be rejected.

This Court has considered the submissions of both sides.

The main ground of opposition from the side of Ld. PP was that if the accused is released on bail, the victim and other witnesses may be influenced by him, as he is close relative of the victim. Now, as it appears, evidence of the victim is already recorded and for a long period, the accused is in custody. He is a permanent resident within the jurisdiction of Ld. Trial Court itself. Ld. Counsel Mr. Datta submits that by profession he is a sub-contractor, and he is not an influential person.

Considering all these aspects and long incarceration of the accused, bail prayer is allowed.

The accused, namely, Litan Debnath may go on bail on furnishing of a bond of Rs.50,000/-(Rupees Fifty Thousand)

only with one surety of like amount to the satisfaction of Ld. Special Judge (POCSO), West Tripura, Agartala on condition that: i) Surety must be a permanent resident of State of Tripura; ii) The accused will regularly attend the Court to face trial; iii) He will not, in any way, try to make any contact with any of the witnesses of the case, either directly or indirectly, so as to influence or terrorize them for not divulging truth before the Court; iv) Violation of any of the above said conditions will be a good ground for cancellation of bail.

Send a copy of this order immediately to Ld. Special Judge (POCSO), West Tripura, Agartala, forthwith.

Return the CD to Ld. PP with a copy of this order.

Also return the LC record.

The Bail Application is accordingly disposed of.

Pending application(s), if any, shall also stand disposed of.

JUDGE

Saikat Sarma SAIKAT SARMA Digitally signed by SAIKAT SARMA Date: 2026.05.22 17:00:08 +05'30'