Shri Hirak Joyti Deka v. The State of Nagaland

ORDER Date : 25-04-2024 Heard Mr. A. Sophie, learned counsel for the applicant. I have also heard Ms. S. Mere, learned PP for the State of Nagaland. By an order dated 26.03.2024, while calling for the CD, it is provided that in the event of the arrest of the accused/applicant in connection with Mokokchung Police II case no. 03/2024 under Page No.# 2/3 section 379/34 IPC, he shall be enlarged on interim pre-arrest bail on execution of a bail bond of Rs. 40,000/- with one surety of like amount with further condition that he shall make himself available for interrogation by the Investigating Officer and shall not directly or indirectly hamper the investigation or tamper with the evidence of the case. Thereafter, the accused/applicant has appeared before the I.O of the case on 03.04.2024. Ms. S. Mere, learned PP has produced the scanned copy of the CD and I have perused the same. The record reveals that the FIR was lodged against the other 3(three) accused persons. They were arrested and later on enlarged on bail. In their statement, those three accused persons took the name of the present accused/applicant and on the basis of such statement, whereby his name was revealed, the accused/applicant filed this pre-arrest bail application apprehending his arrest in connection with the above case. However, the learned PP submits that there is nothing against the accused on record and since the accused/applicant has appeared before the I.O and he is cooperating with the Investigation Agency, she has no objection if the interim anticipatory bail granted to the accused is made absolute. Upon consideration of the materials collected by the IO of the case till date, prima facie there is no incriminating material found against the accused/applicant for his involvement in the instant case. In view of the above the interim anticipatory bail granted to the accused, Shri. Hirak Jyoti Deka on 26.03.2024 is hereby Page No.# 3/3 regularized and made absolute with the same terms and conditions, with the further condition that in case of the case being charge sheeted, the accused shall appear before the Trial Court regularly. With the above, this anticipatory bail application stands allowed and disposed of. This bail order shall be read along with the anticipatory bail order dated 26.03.2024. Return the CD.

Sd/- JUDGE Comparing Assistant

Page No.# 1/3 GAHC020001382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : AB/5/2024 SHRI HIRAK JOYTI DEKA S/O BHABEN DEKA, AGED ABOUT 30 YEARS, PRESENT RESIDENT OF UNGMA VILLAGE, H.NO. 58, MOKOKCHUNG-798601 VERSUS THE STATE OF NAGALAND THROUGH THE PUBLIC PROSECUTOR Advocate for the Petitioner : A. SOPHIE Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE BUDI HABUNG