01Facts
The appellant, a journalist, was arrested on 20.10.2023 following an FIR alleging he circulated a provocative video on social media containing hate speech against a particular community and scandalous, sexually coloured remarks about the informant’s family
pp. 2, para 2-4Charges were framed under various sections of the IPC, the IT Act, and the SC & ST (Prevention of Atrocities) Act
p. 3, para 5After the examination of 37 witnesses, the trial reached the stage of final arguments
p. 3, para 6The appellant sought bail on the grounds of prolonged incarceration and the right to effectively consult counsel
p. 3, para 7The Special Judge rejected the bail application on 06.03.2026, leading to this appeal
pp. 3-4, para 8-1002Issues
i.1. Whether the appellant is entitled to statutory bail under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) having allegedly completed one-third of the maximum imprisonment period
p. 4, para 12ii.2. Whether the appellant’s criminal antecedents and conduct during the trial warrant the continued rejection of bail
pp. 8-9, para 13.2-13.403Law Applied
Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates the release of undertrials who have undergone detention for one-half (or one-third for first-time offenders) of the maximum imprisonment, provided that any delay caused by the accused is excluded from this computation
pp. 9-10, para 15Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 regarding the maintainability of appeals against bail orders
p. 4, para 10Judicial principles regarding criminal antecedents and the likelihood of repeating offences as grounds for denying bail
p. 8, para 13.3Provisions in the judgment · 8 · Linked ones open on LawLens
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3
Indian Penal Code, 1860 Section 294Section 504Section 505Section 509
Information Technology Act, 2000 Section 67
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 479Section 531
04Reasoning
The court found the appellant’s claim for statutory bail under Section 479 BNSS untenable because a substantial trial delay of 528 days was directly attributable to the appellant's repeated adjournment requests
p. 6, para 13 · p. 10, para 16Once this period was excluded as per the Explanation to Section 479, the effective custody period fell short of the one-third threshold
p. 6, para 13 · p. 10, para 16Furthermore, the court emphasized the appellant's extensive criminal history—approximately 14 cases involving similar allegations of defamation, extortion, and atrocities against SC/ST members—indicating a habitual pattern of conduct
pp. 7-8, para 13.2-13.3The court reasoned that since the trial was at the stage of final arguments (imminent conclusion), and given the gravity of the charges and risk of recidivism, the appellant did not merit release
pp. 10-11, para 17-2005Holding
The High Court answered both issues in the negative, holding that the appellant did not satisfy the statutory requirements for bail under Section 479 BNSS due to self-induced delays
p. 10, para 16The Court upheld the order of the Special Judge dated 06.03.2026, finding no illegality or infirmity in the refusal of bail given the appellant’s antecedents and the advanced stage of the trial. The appeal was dismissed, and all pending stay orders were vacated
pp. 12, para 21-23Original Court PDF
Saikat TalapatravsThe State of Tripura
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