Accused Smt. Madhabi Biswas granted interim bail; decision on custody trial petition left to Chief Judicial Magistrate's discretion.
In a significant development, the Tripura High Court has granted interim bail to Smt. Madhabi Biswas, who was arrested over allegations of making derogatory remarks against the Prime Minister of India on a social media platform. The remarks were reportedly made in a Facebook reel concerning the Prime Minister's visit to the Matabari Temple at Udaipur on September 22, 2025.
The case against Madhabi Biswas was registered as West Agartala P.S. Case No. WAG 113 of 2025 under Sections 356 and 356(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 67 of the Information Technology Act, 2000. The accused had been in judicial custody since her arrest on November 25, 2025, with the charge sheet already filed.
Mr. P. Roy Barman, Senior Counsel representing Biswas, argued that the allegations were not severe, with the prescribed punishment being below seven years, thereby making the bail application reasonable. He also contended that Section 67 of the IT Act was not applicable, and Section 356(2) of the BNS is a bailable offense.
The Public Prosecutor, Mr. Raju Datta, opposed the bail, highlighting the completed investigation and pending petition for custody trial before the Chief Judicial Magistrate, West Tripura.
Presiding Judge Mr. S. Datta Purkayastha considered the submissions, noting that the accused had been in custody for nearly two months, and the investigation was complete. The court expressed concern over prolonging her incarceration while awaiting the Chief Judicial Magistrate's decision on the custody trial petition.
Consequently, the court decided to grant interim bail to Madhabi Biswas, subject to furnishing a bond of Rs. 30,000 with one surety of the same amount to the satisfaction of the Chief Judicial Magistrate, West Tripura, Agartala. The bail is effective until the Chief Judicial Magistrate makes a decision on the petition filed by the Investigating Officer on January 3, 2026, seeking custodial trial.
The High Court emphasized that the Chief Judicial Magistrate should independently decide on the custody trial petition, uninfluenced by the interim bail order.
The decision marks a pivotal moment in the case, balancing judicial discretion with the rights of the accused. The order has been communicated to the Chief Judicial Magistrate for immediate effect.
Bottom Line:
Bail application granted with interim relief, considering the custody period and completed investigation, while leaving the decision on custody trial petition to the Chief Judicial Magistrate's discretion.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 356, 356(3), Information Technology Act, 2000 Section 67
Smt. Usha Rani Biswas v. State of Tripura, (Tripura) : Law Finder Doc Id # 2840628
