Shri Makut Nayak v. State of Nagaland

Gauhati HC3 Dec 2025AB/14/2025

Case brief

AI extract

What is this about?

AB/14/2025, Gauhati High Court Kohima Bench, Arun Dev Choudhury, J., order dated 04.12.2025. Anticipatory bail under Section 482 BNSS sought by Shri Makut Nayak in Dimapur West Police Station Case No. 022/2025 (Sections 406/420 IPC); interim protection of 07.05.2025 made absolute after accused cooperated with investigation; custodial interrogation held unnecessary; bail allowed with reporting and non-tampering conditions. No precedents cited.

What did the court decide?

Anticipatory bail granted in terms of the Coordinate Bench interim order dated 07.05.2025, subject to the further conditions that the petitioner appear before the Investigating Officer as and when called for, cooperate with the investigation, and not tamper, hamper or influence any witnesses vital to the investigation. ¶¶21

Shri Makut Nayak Vs State of Nagaland — Cheating and Forgery | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner/accused under Section 482 of the BNSS in connection with Dimapur West Police Station Case No. 022/2025 (Section 406/420 IPC). +1 more

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Court's answer

The bail application stands allowed in terms of the interim order dated 07.05.2025, with the further conditions that the petitioner appear before the Investigating Officer as and when called for, cooperate with the investigation, and not tamper, hamper or influence any witnesses vital to the investigation.

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Ratio / Principle

Taking note of the accused's conduct in cooperating with the investigating agency (appearance before the Investigating Officer, thorough interrogation and release on interim bail), this Court is of the opinion that custodial interrogation of the petitioner may not be necessary for further investigation of the case.

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Detailed headnote1 paragraphs

Anticipatory bail — Gauhati High Court (Kohima Bench) allows application under Section 482 of the BNSS in connection with Dimapur West Police Station Case No. 022/2025 (Section 406/420 IPC). Interim protection granted by a Coordinate Bench on 07.05.2025 was converted into final relief because the petitioner had appeared before the Investigating Officer, undergone thorough interrogation and been released on interim bail, leading the Court to conclude that custodial interrogation was not necessary. Bail confirmed in terms of the interim order with conditions to report to the Investigating Officer as and when called, cooperate with the investigation, and refrain from tampering with, hampering or influencing witnesses.

Page No.# 1/2

2025:GAU-NL:600

GAHC020002392025

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

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Case No. : AB/14/2025

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SHRI MAKUT NAYAK

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S/O SHRI HARGOBIND NAYAK R/O JAPORIGOG, KRISHNA NAGAR, SWAHID KHARGESHWAR PATH, POST OFFICE-DISPUR, POLICE STATION-DISPUR, DISTRICTKAMRUPT(M) ASSAM, PIN-781005

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VERSUS

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STATE OF NAGALAND NAGALAND KOHIMA

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Advocate for the Petitioner : , TOSHITEMJEN PONGENER

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Advocate for the Respondent : P.P, NAGALAND,

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BEFORE

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HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

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O R D E R

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04.12.2025

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Heard Mr. D.J. Haloi, learned counsel for the petitioner. Also heard Mr.

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K. Angami, learned Public Prosecutor for the State of Nagaland.

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Page No.# 2/2

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2. The present application under Section 482 of the BNSS has been filed by the petitioner/accused praying for grant of anticipatory bail to the applicant in connection with the Dimapur West Police Station Case No. 022/2025 under Section 406/420 IPC. A Coordinate Bench, by Order dated 07.05.2025, granted interim protection to the petitioner with a condition that the petitioner shall cooperate with the investigating agency.

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3. Learned Public Prosecutor has submitted that subsequent to the interim order dated 07.05.2025, the petitioner appeared before the Investigating Officer. He was thoroughly interrogated and was released on interim bail. Taking note of the conduct of the accused in cooperating with the investigating agency this Court is of the opinion that custodial interrogation of the petitioner may not be necessary for further investigation of this case.

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4. Accordingly, the present bail application stands allowed in terms of the interim order dated 07.05.2025 with a further condition that the petitioner shall appear before the Investigating Officer as and when called for and he will cooperate with the investigation and shall not tamper or hamper and influence any witnesses that may be vital for the investigation.

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JUDGE

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Comparing Assistant

Shri Makut Nayak v. State of Nagaland

Case brief

What is this about?

What did the court decide?

Shri Makut Nayak v. State of Nagaland

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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