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2025 DAILYLAW 23151 (GAU)

MR. NG AVINGAOLOU v. STATE OF NAGALAND

Bail Appln./4/2025 · 2025-08-07

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/3 GAHC020002152025 2025:GAU-NL:364 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./4/2025 MR. NG AVINGAOLOU S/O K. NGAOSHONI, CHINGMAI KHUNOU SENAPATI, P.S. TADUBI, MANIPUR VERSUS STATE OF NAGALAND KOHIMA NAGALAND Advocate for the Petitioner : PAKINRICHAPBO, ABI SENOTSU Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 08.08.2025 Heard Mr. Pakinrichapbo, learned counsel for the petitioner and Mr. Veto V. Zhimomi, learned Public Prosecutor for the State respondents. 2. On 17.07.2025, this Court had granted interim bail to the petitioner Page No.# 2/3 for three weeks up to 07.08.2025 on health grounds. The learned for the petitioner submits that this Court had directed the petitioner by Order dated 17.07.2025 to appear before the jurisdictional court today, i.e., 08.08.2025. However, the learned counsel for the petitioner submits that the petitioner is very weak and unable to appear before the jurisdictional court as he has been undergoing treatment and even today he is being administered medications. Learned counsel further submits that one of the co-accused who has been arrested in the present case has already been discharged by the Special NDPS Court and two of the co-accused are on bail in the present case. Learned counsel, therefore, prays that the interim bail granted to the petitioner may be regularized and made absolute even on the grounds of parity as well as his ill health. 3. Learned P.P. has submitted that the matter has already been Chargesheeted and a copy of the Chargesheet dated 28.05.2025 is produced. Upon perusal of the same it is seen that the present petitioner has also been arrayed as accused no. 2 in the said Chargesheet. Learned P.P. therefore submits that this application may be dismissed as a prima facie case has been established against the accused person and the Chargesheet has also been filed therefore the trial may be allowed to proceed. 4. This Court has considered the submissions of the learned counsels for the parties and has also perused the records and available documents. It is found that the petitioner has a history of several ailments and has undergone various treatments over the period of two months. The accused was also diagnosed with prostate carcinoma and Benign Prostatic Page No.# 3/3 Hyperplasia. In such facts and circumstances, this Court is inclined to regularize the interim bail granted on 17.07.2025 on the same conditions imposed by this Court on 17.07.2025 with the additional condition that he should appear before the learned Special NDPS Court as and when summoned without fail. 5. Petition is allowed and disposed of. JUDGE Comparing Assistant