Page No.# 1/5 GAHC020003692025 2025:GAU-NL:294 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : AB/21/2025 SHRI KATOVI ZHIMOMI S/O ZHETHASHE ZHIMOMI, R/O H.NO. 173 1B, DAROGAPATHAR VILLAGE, DIMAPUR NAGALAND VERSUS STATE OF NAGALAND NAGALAND KOHIMA 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 Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE SHAMIMA JAHAN O R D E R 14.07.2025 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. Page No.# 2/5 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. 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. 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 Page No.# 3/5 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. 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. 6. Heard learned counsel for the petitioner as well as the learned Public Prosecutor. 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 Page No.# 4/5 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. 8. Anticipatory Bail Order is further subject to the following conditions: (i) He should cooperate with the investigation and should appear Page No.# 5/5 before the Investigating Officer as and when called for. (ii) He shall not tamper with the evidence or influence any of the witnesses connected with the instant case. (iii) He will not leave the jurisdiction of The Investigating Agency, which is the Diphupar Police Station without the leave of the Investigating Officer. 9. Interim Bail is made absolute. Petition is disposed of. JUDGE Comparing Assistant