Morung Express News
Dimapur/Kohima | October 30
The Gauhati High Court, Kohima Bench, has rejected the bail application of an accused involved in an alleged road rage incident on May 18, 2023, in Kohima, which subsequently led to the death of a person the next day.
The victim succumbed to injuries in a private hospital, prompting Kohima Police to register a case and arrest two individuals identified as Neizosetuo Kire and Khrietsonyü Whuorie.
As per the October 21 Court’s order, the counsel for the petitioner argued, among other points, that Whuorie was innocent and that there is no record implicating the accused in the alleged offence.
The counsel further noted that the accused has been in custody for the past 128 days at the time of filing the bail application and, as the case has already been charge-sheeted, there is no risk of him influencing witnesses if released on bail.
The Public Prosecutor (PP), however, presented the Trial Court Record (TCR) and, based on the charge sheet, argued that there is a prima facie case against the accused. The PP further contended that the trial court had already denied the bail application on the grounds that the case is at the “Consideration of Charges” stage and that granting bail would jeopardise the trial.
No changes in circumstances have occurred since that decision, it was submitted.
The PP additionally highlighted that the trial court has yet to frame charges against the accused, with the next date set for the first week of November 2024 after an extension request by the accused. The PP also noted that the petitioner raised no new grounds in the current bail application, and similar arguments were previously rejected by the trial court.
After hearing both sides, Justice Budi Habung observed that the elderly victim identified as Kezhalelie Lawrence Miasalhou was “assaulted in broad daylight” in the presence of the informant’s son and other independent witnesses. “The record further reveals that there is incriminating material against the accused for his involvement in the case along with the A1 (Accused 1),” he stated.
The judge also stated that the accused’s prior bail application before the Principal District & Sessions Judge, Kohima, was denied on September 12, as the case was at the “Consideration of Charges” stage, where granting bail could vitiate the trial.
Justice Habung ultimately denied the bail application on two grounds: firstly, the seriousness of the allegations against the accused and the evidence found on record suggesting his involvement; and secondly, considering that the case remains at the “Consideration of Charges” stage, where granting bail would compromise the trial as observed earlier by the trial court.
