AGARTALA, India, March 4 -- Tripura High Court issued the following order/judgement on Feb. 2:

1. This bail application under Section 483(1)((b) of BNSS is filed for releasing the accused-in-custody on bail in connection with GRPS case No.003 of 2025 under Section 20(b)(ii)(c)/29 of NDPS Act corresponding to Special (NDPS) 95 of 2025 now pending before the Court of Learned Special Judge, West Tripura, Agartala.

02. Heard Learned Counsel, Mr. S. Lodh appearing on behalf of the accused-in-custody and also heard Learned P.P., Mr. R. Datta appearing on behalf of the State-respondent.

03. Taking part in the hearing, Learned Counsel drawn the attention of the Court that earlier on behalf of this accused another bail application was moved to this Court which was registered as B.A. No.66 of 2025 and by order dated 11.08.2025 the bail application filed was rejected by this Court. It was further submitted that the case is at the stage of now recording of evidence and upto this stage, three numbers of witnesses have examined by the prosecution out of 16 numbers of witnesses. Learned Counsel, Mr. Lodh further submitted that although his bail application was rejected by this Court, but there is no legal bar to file successive bail application for releasing of the accused on bail. In this regard Learned Counsel referred one citation of the Hon'ble Apex in Kalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav & Anr. reported in (2005) 2 SCC 42, wherein in para No.19, the Hon'ble Apex Court observed as under:

"19. The principles of res judicata and such analogous principles although are not applicable in a criminal proceeding, still the courts are bound by the doctrine of judicial discipline having regard to the hierarchical system prevailing in our country. The findings of a higher court or a coordinate Bench must receive serious consideration at the hands of the court entertaining a bail application at a later stage when the same had been rejected earlier. In such an event, the courts must give due weight to the grounds which weighed with the former or higher court in rejecting the bail application. Ordinarily, the issues which had been canvassed earlier would not be permitted to be reagitated on the same grounds, as the same would lead to a speculation and uncertainty in the administration of justice and may lead to forum hunting."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv8VGY3%2BNlxkv%2FbVDKx9kdGiqjcjbrY0OyR2LKT6pMKoq&caseno=BA/4/2026&cCode=1&cino=TRHC010000152026&state_code=20&appFlag=)

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