Khaigoulen Kipgen v. The State of Assam

ORDER

11.12.2024

Heard Mr. A. Lal, learned counsel appearing for the accused petitioner as well as Mr. K. Baishya, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioner, namely, Khaigoulen Kipgen, has prayed for grant of bail in connection with Special Task Force P.S. Case No.09/2024 under Section 121 of the IPC read with Sections 16/17/18 of the Unlawful Activities (Prevention) Act. It is submitted by the learned counsel for the petitioner that the accused Page No.# 2/2 petitioner has been languishing in judicial custody for last 181 days since his arrest on 14.06.2024 and he has completed the statutory period of extended time in custody. So, the petitioner may be enlarged on bail. Mr. K. Baishya, learned Additional Public Prosecutor has produced the case diary and submitted that though the petitioner has completed the statutory period of 180 days, bail may be granted with some stringent conditions. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.1,00,000/- with two suitable sureties of the like amount out of which one of the surety must be government employee of Assam, to the satisfaction of learned Special Judge, Kamrup(M). The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup (M) without prior written permission from him/her;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010243062024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3518/2024 KHAIGOULEN KIPGEN S/O HENSAT KIPGEN, R/O VILL- GAMNGAL, P.S. SAPORMEINA, DIST. KANGPOKPI MANIPUR. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A LAL, MR A BRAHMA,MR. M PANDIT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI