Case No.
AB No. 45 of 2024
Bench
Hon'ble Mrs. Justice Golmei Gaiphulshillu
Acts & Sections
Bharatiya Nagarik Suraksha Sanhita, 2023 §482
Bharatiya Nagarik Suraksha Sanhita, 2023 §35(3)
Bharatiya Nyaya Sanhita, 2023 §132
Bharatiya Nyaya Sanhita, 2023 §133
Bharatiya Nyaya Sanhita, 2023 §3(5)
Bharatiya Nyaya Sanhita, 2023 §109
Headnote
AI-drafted · Reviewed and approved
The petitioner filed an application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Manipur High Court after his anticipatory bail application was rejected by the Sessions Judge, Thoubal. The petitioner was sought to be arrested in connection with FIR No. 81(11)2024 registered at Kakching Police Station under Sections 132/133/3(5) BNS and added Sections 109/351(3) BNS, 2023 arising out of a mob attack on the residence of the local MLA of Kakching AC following a candle-light march held to condemn the killing of six civilians in Jiribam District. The petitioner contended that his name did not appear in the FIR and that he was not involved in the incident.
The Sessions Judge, Thoubal had initially granted interim anticipatory bail by order dated 02.12.2024, subject to the petitioner's cooperation with the Investigating Officer by 03.12.2024. The petitioner claimed to have visited Kakching Police Station on 03.12.2024 as directed but found no one present, and produced photographic evidence of the visit. The Investigating Officer's bail objection report, however, omitted any reference to this visit, and the Sessions Judge vacated the interim bail order on 06.12.2024 on the ground of non-cooperation, prompting the present petition before the High Court.
The High Court heard arguments from both sides. The respondent's affidavit-in-opposition and the Investigating Officer's bail objection report indicated that the FIR involved a violent mob defying curfew orders and attacking police personnel and the MLA's residence. The court was called upon to consider whether anticipatory bail should be granted in light of the competing claims regarding the petitioner's involvement and cooperation with the investigation.
Catchwords:
anticipatory bail · pre-arrest bail · Bharatiya Nagarik Suraksha Sanhita 2023 · Section 482 BNSS · mob violence · FIR · non-cooperation with investigation · interim bail vacated · curfew violation · Sessions Judge · Manipur
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Full Judgment Text
[Cites 34, Cited by 0]
Manipur High Court
Naorem Priyobarta Singh vs Officer In Charge on 7 January, 2025
Digitally signed by
KHOIROM KHOIROM IN THE HIGH COURT OF MANIPUR
BIPINCHANDR BIPINCHANDRA SINGH
A SINGH
Date: 2025.01.07
12:25:02 +05'30'
AT IMPHAL
AB No. 45 of 2024
Naorem Priyobarta Singh, aged about 36 years, S/o
Naorem Purniam Singh of Kakching Wairi Sabal Leikai,
P.O. & P.S. Kakching, Kakching District, Manipur -
795103.
...Petitioner
- Versus -
Officer in Charge, Kakching Police Station, Kakching
District, Manipur.
...Respondent
BEFORE
HON'BLE MRS. JUSTICE
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