Allowed¶9

Shri Katovi Zhimomi v. State of Nagaland

Gauhati HC13 Jul 2025AB/21/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; Sections 61(2)(b)/199/249(c)/255/256/260 BNSS; Section 5 Official Secrets Act 1923; Diphupar Police Station Case No. 40/2025; FIR dated 17.06.2025; Nagaland police personnel; alleged divulging of investigation information to main accused; Call Data Records; voice sample consent before CJM Dimapur; cooperation with investigation; lady Constable witness; Sumi language conversation; bond Rs. 30,000 with two local sureties; interim bail made absolute; Gauhati High Court Kohima Bench; Justice Shamima Jahan; 14.07.2025.

What did the court decide?

Anticipatory bail granted: release upon bond of Rs. 30,000/- with two local sureties of the like amount (one a local resident of Nagaland) to the satisfaction of the Arresting Authority, subject to the three stated conditions; interim bail made absolute and petition disposed of.

Shri Katovi Zhimomi Vs State of Nagaland — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 BNSS in the event of arrest in connection with Diphupar Police Station Case No. 40/2025, notwithstanding the Public Prosecutor's objection and request to vacate the interim bail.

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Court's answer

From the Case Diary, the Court found no indication that the petitioner divulged confidential information: the accused person's own statement records that the petitioner went to the residence of the accused's wife, left his mobile number when she was absent, and thereafter went and recorded her statement, stating that he had not divulged any confidential information pertaining to the case to her.

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Ratio / Principle

The lady Constable who accompanied the petitioner to the house of the accused's wife did not state that any secret information was divulged; she stated only that the petitioner and the wife spoke in Sumi, which she could not understand, and that she could make out only an exchange of phone numbers between them.

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Key takeaways

The petitioner had not violated any order of the Investigating Officer and cooperated with the investigation as and when called for, appearing and being examined on 27.06.2025, 28.06.2025, 30.06.2025 and 02.07.2025, and giving consent for collection of his voice sample before the CJM, Dimapur on 09.07.2025.ratio¶7
On these findings the Court released the petitioner on anticipatory bail upon furnishing a bond of Rs. 30,000/- with two local sureties of the like amount, one being a local resident of the State of Nagaland, to the satisfaction of the Arresting Authority.ratio¶7

Detailed headnote1 paragraphs

Gauhati High Court, Kohima Bench (Shamima Jahan, J.), Order dated 14.07.2025 in AB/21/2025: Anticipatory bail under Section 482 BNSS granted to Katovi Zhimomi, a police personnel named in Diphupar Police Station Case No. 40/2025 registered on an FIR dated 17.06.2025 under Sections 61(2)(b)/199/249(c)/255/256/260 BNSS read with Section 5 of the Official Secrets Act, 1923, on the allegation that he divulged investigation information to assist the main accused of Diphupar PS Case No. 0033/2025 evade arrest. Examining the Case Diary, the Court found no record of any information having been divulged: the accused's statement showed the petitioner had gone to record the wife's statement and denied divulging confidential information, and the accompanying lady Constable heard only a conversation in Sumi she could not understand and an exchange of phone numbers. The petitioner had complied with every call of the Investigating Officer (27.06.2025, 28.06.2025, 30.06.2025, 02.07.2025) and consented to voice-sample collection before the CJM, Dimapur on 09.07.2025. Bail ordered on a Rs. 30,000/- bond with two local sureties (one a Nagaland resident) to the satisfaction of the Arresting Authority, subject to conditions of cooperation, non-tampering/non-influencing, and remaining within Diphupar Police Station jurisdiction; interim bail of 27.06.2025 made absolute; petition disposed of.

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2025:GAU-NL:294

GAHC020003692025

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

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Case No. : AB/21/2025

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SHRI KATOVI ZHIMOMI

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S/O ZHETHASHE ZHIMOMI, R/O H.NO. 173 1B, DAROGAPATHAR VILLAGE, DIMAPUR NAGALAND

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VERSUS

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STATE OF NAGALAND NAGALAND KOHIMA

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Advocate for the Petitioner : C. T. JAMIR, SR. ADV, O TEMJEN JAMIR,JAWAMONG YADEN,IMTILA PONGEN,NUNGSANG AIER,KROVI TSUKRU,TOSHI JAMIR,ASA RUTSA,ALIBA OZUKUM,I IMCHEN

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Advocate for the Respondent : P.P, NAGALAND,

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BEFORE

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HON'BLE MRS. JUSTICE SHAMIMA JAHAN

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O R D E R

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14.07.2025

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Heard Mr. C.T. Jamir, learned senior counsel for the petitioner assisted by Mr. I. Imchen, and Mr. E.Thiba Phom, learned Public Prosecutor for the State of Nagaland.

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2. This is an Anticipatory Bail application filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023 for grant of anticipatory bail to the petitioner in the event of arrest in connection with Diphupar Police Station Case No. 40/2025 under Section 61(2) (b)/199/249(c)/255/256/260 of the BNSS read with Section 5 of the Official Secrets Act, 1923.

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3. The prosecution case as is revealed from the FIR dated 17.06.2025 is that a proposal for lawful surveillance of mobile phone number in connection with Diphupar PS case No. 0033/2025 was initiated and during the said surveillance the accused person in the said case was found to be in contact with the petitioner through his mobile phone. It was also alleged in the FIR that the petitioner, who is a police personnel, was found divulging important information pertaining to the investigation so as to assist the main accused to evade arrest. The petitioner was as such allegedly found responsible for criminal conspiracy as well as other offences amounting to cognizable criminal cases. The police, on receipt of the said FIR registered the case as Diphupar PS case No. 0040/2025.

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4. Mr. C.T. Jamir, learned senior counsel submits before this Court that the said allegations are not backed by any evidence on record. He had placed the Order dated 27.06.2025 by which this Hon’ble Court had released the petitioner on interim bail and he further submits that pursuant to the said interim bail the petitioner had appeared before the Police Officer and has given his statements on 28.06.2025, 30.06.2025 as well as on 02.07.2025. He also submits that the petitioner appeared before the CJM, Dimapur, Nagaland on 09.07.2025 on a prayer made by

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the Investigating Officer for collection of voice sample to which he had given his consent. As such it is prayed that the petitioner may be released on bail.

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5. On the other hand, the learned Public Prosecutor for the State of Nagaland submits that the offence involved in the instant case is serious and that there is enough evidence which shows the petitioner being in touch with the wife of the main accused person in the other case. He had placed the Case Diary and had shown the stipulations made in the same wherein it demonstrated that the petitioner had called the wife of the main accused four numbers of times which is reflected in the Call Data Records received by the Investigating Officer. He had also placed statements of the accused person wherein he had admitted to calling the wife of the accused person in the other case. As such, he objects to the grant of bail and to vacate the interim bail.

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6. Heard learned counsel for the petitioner as well as the learned Public Prosecutor.

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7. It is noticed in the Case Diary that although four numbers of calls were made between the petitioner and the wife of the accused person; however, in the statement of the accused person it is seen that the petitioner went to the residence of the wife of the accused person and having not found her in her place he left his mobile number, and that after getting a call from her residence he went and recorded her statement. He also stated that he had not divulged any confidential information pertaining to the case to her. It is also not noticed in the Case Diary about

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any information being divulged to the wife of the accused person. The lady Constable who accompanied the petitioner to the house of the wife of the accused person had also not stated of any secret information being divulged by the petitioner to the wife of the accused person. She, however, stated that the parties, i.e., the petitioner and the wife of the accused person spoke in Sumi which she could not understand and that she only could make out the exchange of phone numbers between them. It is, further noticed that pursuant to the interim bail the petitioner was called by the Investigating Officer, which he complied with and he went on 27.06.2025 and gave his statement. Then he again appeared on 28.06.2025, on which dated he was re-examined. Further he was called on 30.06.2025 to which he complied and he was again re-examined. Again on 02.07.2025, the petitioner was called and he was further examined. Thereafter, on 09.07.2025 he was called by the CJM, Dimapur, Nagaland to which he appeared and he gave consent for collection of his voice sample. It is, therefore, noticed that the petitioner had not violated any of the order of the Investigating Officer and he cooperated with the investigation as and when called for. He had also given consent for collection of his voice sample. As such this Court releases the petitioner on Anticipatory Bail upon furnishing of bond of Rs. 30,000/- (Rupees Thirty thousand only) with two local sureties of the like amount, one being a local resident of the State of Nagaland to the satisfaction of the Arresting Authority.

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8. Anticipatory Bail Order is further subject to the following conditions:

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(i) He should cooperate with the investigation and should appear

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before the Investigating Officer as and when called for.

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(ii) He shall not tamper with the evidence or influence any of the witnesses connected with the instant case.

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(iii) He will not leave the jurisdiction of The Investigating Agency, which is the Diphupar Police Station without the leave of the Investigating Officer.

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9. Interim Bail is made absolute. Petition is disposed of.

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JUDGE

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Comparing Assistant

Shri Katovi Zhimomi v. State of Nagaland

Case brief

What is this about?

What did the court decide?

Shri Katovi Zhimomi v. State of Nagaland

Case brief

What is this about?

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