Petitioner applied for pre-arrest anticipatory bail in a hurt case under section 326 IPC. Interim bail was already granted. This order confirmed the interim bail and required the petitioner to cooperate with investigation.
Prayer for pre-arrest bail allowed; interim order dated 20/8/2019 confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC020003502019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Case No. : AB 5/2019
1:BINTO SEMY
S/O SHRI TESINLO SEMY,
H/NO 93, KACHARIGAON, (PHEVIMA), PS.- WEST POLICE STATION, DIST.DIMAPUR,NAGALAND
VERSUS
1:STATE OF NAGALAND THROUGH PUBLIC PROSECUTOR DIMAPUR
Advocate for the Petitioner : P SURIEN
Advocate for the Respondent : GOVT ADV NL
BEFORE HON'BLE MR JUSTICE SONGKHUPCHUNG SERTO
ORDER
Date : 04-09-2019
Heard Mr. P Surien, learned counsel appearing for the petitioner and Ms. V. Suokhrie, learned Public Prosecutor, Nagaland.
The learned Public prosecutor has placed the Case Diary of the case.
This is an application praying for pre-arrest bail in connection with G.R. Case No.582/2019. On perusal of the Case Diary of the case it is found that on 28/7/2019 a fight took place between the applicant and the victim in a hotel where they happen to meet and following the fight, the victim Mr.
Page No.# 2/2 Vedulo Nuh suffered some injuries. Following the incident, the victim’s father lodged an FIR with the applicant and the same was registered as East P.S. case No.181/2019 under section 326 IPC. Being apprehensive of arrest in connection with FIR case, the petitioner came before this Court praying for pre arrest bail. The day the application was moved i.e. on 20/8/2019 the applicant was granted interim bail on execution of bail bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the arresting authority. It appears from the Case Diary that the applicant appeared before the P.S. concerned and furnished the bail bond and the surety bond as mentioned above.
Considering the facts and circumstances leading to the filing of the FIR of the case and the offence charged against the accused and the fact that the applicant is a permanent resident of Dimapur as such, not likely to abscond in order to avoid the investigation and trial of the case, this Court is of the view that granting of anticipatory bail to the applicant would not in any way hamper or hinder the investigation. Accordingly, the prayer is allowed and the interim order passed on 20/8/2019 is confirmed.
During the investigation of the case, the applicant shall make himself available to the I.O of the case and will not leave station unless permitted to do so.
The application is allowed.
Return the Case Diary through the Public prosecutor.
Sd/- JUDGE
Comparing Assistant
Binto Semy
State of Nagaland through Public Prosecutor Dimapur
Songkhupchung Serto
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
