Lays stringent conditions
Morung Express News
Dimapur | April 14
The Gauhati High Court, Kohima Bench, has granted bail to a petitioner accused in an alleged road rage incident that occurred in Kohima on May 18, 2024, and which allegedly led to the death of a person the next day.
The case stemmed from an FIR filed by the victim’s son on May 19, 2024, alleging that his father was hospitalised and later died following an ‘untoward incident’ the previous day involving two individuals—Neizosetuo Kire and Khrietsonyu Whuorie. The complainant also claimed he was assaulted during the incident.
The High Court’s ruling came on April 11 during a hearing on the bail application filed by Kire. As per the judgement and order issued by Justice Devashis Baruah, the primary issue considered was the legality of the petitioner’s arrest, particularly whether due process under the law was followed.
A central point of contention was the alleged violation of Section 50 of the Code of Criminal Procedure, 1973 (now Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023), and Article 22(1) of the Constitution of India.
Both provisions mandate that an arrested person be informed of the grounds of their arrest, which are distinct from the reasons for arrest, the Court clarified.
While the prosecution maintained that the petitioner was verbally informed of the grounds of arrest, the Court noted that the case diary lacked any contemporaneous record to substantiate this claim.
Referring to the Supreme Court’s judgment in Vihaan Kumar vs. State of Haryana, the Court underscored the necessity of documenting the grounds—even if not in writing—as a matter of legal requirement.
In the light of concurrent record in the case dairy, the Court concluded that the arrest of the petitioner on May 19, 2024, at 3:40 pm was “illegal” due to non-compliance with these statutory and constitutional mandates.
However, the bail was granted under stringent conditions.
Among others, the petitioner is prohibited from leaving Kohima without prior permission from the District and Sessions Judge and is barred from tampering with evidence, influencing witnesses, or making any threats or inducements.
Further, the petitioner must surrender his passport, if any, to the District and Sessions Judge, and appear on all scheduled court dates.
Absence will only be allowed with prior court permission. In case of a medical emergency, the petitioner’s counsel must inform the District and Sessions Judge, whose decision will be final, the ruling held.
The Court also directed that the petitioner must not delay the proceedings in any manner. The other accused is also reportedly on bail.
