Kshetrimayum Amarjit Singh vs The Officer In Charge

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The petitioner, an employee of HDB Finance Service attached at HDFC Bank Kakching Branch as Sales Executive, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory/pre-arrest bail in connection with FIR No. 81(11)2024 KCG PS registered under Sections 132, 133, 3(5) BNS and added Sections 109 and 351(3) BNSS, 2023. The FIR was registered suo motu on 16.11.2024 arising out of an incident in which a mob of more than 1000 persons allegedly confined, manhandled and assaulted the local MLA of Kakching AC during a public meeting at Kakching Bazar.

The petitioner contended that his name did not appear anywhere in the FIR, that he had no criminal antecedents, and that he had merely attempted to pacify the crowd and protect the MLA on the date of the incident while returning from his office. He had earlier obtained interim anticipatory bail from the Sessions Judge, Thoubal, which the police sought to cancel by submitting a report alleging his active involvement based on CCTV footage and witness statements. Two other accused persons had already been arrested and remanded to judicial custody.

The High Court of Manipur considered the rival submissions of senior counsel appearing for both sides on the question of grant of anticipatory bail under Section 482 BNSS, 2023 in the backdrop of the nature of the offences alleged, the petitioner's alleged role in the incident, the material collected during investigation including CCTV analysis and eyewitness accounts, and the conditions already imposed during the interim bail period.

Catchwords: anticipatory bail · pre-arrest bail · Bharatiya Nagarik Suraksha Sanhita 2023 · Section 482 BNSS · mob violence · assault on MLA · CCTV evidence · FIR without named accused · interim bail · Sessions Court · Manipur