TRIPURA HIGH COURT ISSUES JUDGEMENT ON HASAN CHOWDHURY V/S THE STATE OF TRIPURA

AGARTALA, India, June 5 -- Tripura High Court issued the following order/judgement on May 4:

1. This petition under Section 528 is filed for quashing the order dated 24.02.2026 passed by Learned Sessions Judge, Gomati District, Udaipur in connection with Case NO.S.T.(T-1) 06 of 2026 arising out Women R.K. Pur P.S. Case No.44 of 2025.

Heard Learned Counsel Mr. A. Acharjee appearing on behalf of the accused in custody and also heard Learned P.P. appearing on behalf of the State-respondent.

Taking part in the hearing Learned Counsel for the petitioner drawn the attention of the Court that on the basis of an FIR laid by one Sakhen Miah, the aforesaid case was registered and in course of investigation the accused was taken into custody and was produced before the Court of Learned jurisdictional Magistrate and Learned CJM, Gomati District Udaipur on 27.01.2026 passed an order for granting interim bail in favour of the accused petitioner till 10.02.2026. Thereafter on 10.02.2026 the accused appeared before Learned CJM and on that day Learned CJM came to an observation that there was no adverse report against the accused. So Learned CJM granted regular bail to the accused and committed the case to the Court of Sessions Judge, Gomati District, Udaipur and directed the accused to appear before the Court of Learned Sessions Judge on 24.02.2026. Accordingly on 24.02.2026 the accused appeared before the Learned Court and prayed for bail but surprisingly on that day the prosecution made an application for cancellation of the bail granted to the accused. But in this regard no prior notice was served upon the accused person by the prosecution even no scope was given to the accused to oppose the prayer of the I.O. rather the prosecution submitted a prayer against the accused.

Learned Counsel further submitted that Learned Sessions Judge without applying the procedure provided under Section 439(2) of the Cr.P.C. has cancelled the bail granted to the accused which is opposed to the principles of natural justice. So order needs to be set aside and accused may be released on bail to enable him to conduct his defence properly. It was further submitted that during investigation the accused was in custody for a period of more than 100 days and there is no evidence on record that he has violated the conditions of bail and furthermore till 10.02.2026 to 23.02.2026 the prosecution did not submit any prayer for cancellation of bail granted to the accused by Learned CJM. All on a sudden, the prosecution submitted a prayer on 24.02.2026 which is nothing but a manufactured application and by this time police also has submitted a separate PR under Section 107 of Cr.P.C. against the petitioner accused.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv1Uk6VE%2FzAioRQiQszTQ2uZ1rCENACtrEuth82rbsMbR&caseno=Crl.Petn./25/2026&cCode=1&cino=TRHC010005262026&state_code=20&appFlag=)

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