Allowed

Heishe Swu v. the State of Nagaland

Gauhati HC11 Nov 2019Bail Application/10/2019

Case brief

AI extract

What is this about?

In an application under Section 439 CrPC 1973 for bail, the Gauhati High Court Kohima Bench, after examining the FIR and case diary, allowed the petitioner's bail with bonded conditions, holding that further custody was not necessary for investigation.

What did the court decide?

Petitioner enlarged on bail of Rs.20,000 with one suitable surety of the like amount subject to conditions.

Heishe Swu Vs the State of Nagaland — Bail and Remand | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC020005132019

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

¶4

Case No. : BA 10/2019

¶5

1:HEISHE SWU S/O MR. NIHOXU, R/O LERIE COLONY, KOHIMA, N/L

¶6

VERSUS

¶7

1:THE STATE OF NAGALAND KOHIMA, N/L

¶8

Advocate for the Petitioner : K. KIRE

¶9

Advocate for the Respondent : GOVT ADV NL

¶10

BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY

¶11

ORDER

¶12

Date : 11-11-2019

¶13

Heard Ms. Naomi, learned counsel appearing for the petitioner and Ms. V. Suokhrie, learned Public Prosecutor appearing for the State of Nagaland.

¶14

This is an application under Section 439, CrPC 1973, praying for bail of the petitioner, Kevigho Sema, who is in detention in connection with

¶15

Page No.# 2/3 Kohima Sechii (Zubza) (D) Police Station Case No.14/2019 registered under Sections 411/414, IPC.

¶16

Ms. V. Suokhrie, learned Public Prosecutor has produced the Case Diary of the case. Perused the contents of the FIR as well as other materials available in the Case Diary.

¶17

The FIR was lodged to the effect that at the Peducha Police Check Gate on 24.09.2019, during checking and frisking of vehicles at Peducha Police Check Gate, the Police personnel tried to stop one Hyundai Creta without number plate but the said vehicle did not stop and fled away. When they chased the vehicle, the person concerned who was driving the vehicle, fled away leaving the vehicle at the road side near Peducha, Mengujuma Junction, some 4 Kms away from the Peducha Police Check Gate. The Police brought the vehicle to the Police Stattion and a case was registered under Section 411/414, IPC. Later on on 25.09.2019, the petitioner came to the Police Station to claim the Hyundai Creta vehicle seized by the Police in the aforesaid case and he was arrested on that day.

¶18

Upon consideration of the nature of allegations made in the FIR and upon perusal of the materials available in the Case Diary including the conduct of the petitioner, I find that further custodial detention of the petitioner is not necessary for the purpose of investigation of the case. Accordingly, the petitioner is allowed to be enlarged on bail of Rs.20,000/with one suitable surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kohima on the conditions that: (1) the petitioner shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Kohima without prior information to the I.O. of the case; (2) the petitioner shall not hamper with the investigation or tamper with the evidence of the case; and (3) the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any Police Officer.

¶19

With the aforesaid directions, this bail application is disposed of.

¶20

Page No.# 3/3

¶21

Return the Case Diary.

¶22

JUDGE

¶23

Comparing Assistant

Heishe Swu v. the State of Nagaland

Case brief

What is this about?

What did the court decide?

Heishe Swu v. the State of Nagaland

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Kumar Vs the State of Nagaland and Anr.

The Commissioner and Secretary to the Govt. of N/L and Anr. Vs Ihoshe Swu and 2 Ors.

Ansar Ali Vs the Union of India and 8 Ors.

Temsuwabang Longchar Vs the State of Nagaland

Lipongla Vs the State of Nagaland

Reshenaro Vs L. Kire,Ifs and Anr.