Page No.# 1/3 GAHC020002762025 2025:GAU-NL:239 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./5/2025 LETKHOHAO HAOKIP S/O HEMPAO HAOKIP, THENBONGJANG, KANGPOKPI P.S SAPARMEINA STATE MANIPUR VERSUS THE STATE OF NAGALAND NAGALAND Advocate for the Petitioner : PAKINRICHAPBO, THEJAVOR YIESE Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 05.06.2025 Heard learned counsel for the petitioner, Mr. Pakinrichapbo. 2. The petitioner has come before this Court praying for release on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is stated that the petitioner was arrested on 20.03.2025 in connection with Tseminyu Police Station Case No. 003/2024 dated 12.02.2024 under Section 21(c) read with 34 NDPS Act. It is submitted that the accused has Page No.# 2/3 been in judicial custody for around 62 (sixty-two) days from the date of his arrest till the time of filing the instant bail application. It is further submitted by the learned counsel that the petitioner had previously moved two applications before the Special Judge, NDPS, Kohima and the same were rejected. The petitioner has come before this Court praying for bail on medical ground stating that he has a history of mental health issues, urinary problems, chronic liver disease and chest problems. It is stated that due to constant chest pain and due to experiencing of shortness of breath he has been undergoing treatment even before his arrest. The doctor had recommended and referred him to visit a higher center for cardiology and psychiatric treatment. 3. During the pendency of the present application, vide Order dated 26.05.2025, this Court had directed that a detailed medical report be obtained from the Jail Authority including a report on the treatment being provided to the petitioner at this stage, and also to call for the scanned copy of the Case Diary. The scanned copy of the Case Diary has been perused. The Letter from the Deputy Superintendent of District Jail, Kohima dated 30.05.2025 has also been perused in detail. The 161 CrPC statement of the present petitioner/accused as revealed in the Case Diary clearly shows that there is a prima facie case made out against the present petitioner/accused. On going through the report of the Deputy Superintendent of District Jail, Kohima it is seen that the petitioner/accused had been taken for medical treatment to NHAK on 02.05.2025 and he has been examined by the Surgery Department and a Psychiatrist and also made to undergo various tests and the test report shows that he has High Cholesterol level. The Medical Officer, Psychiatry Page No.# 3/3 examined the present petitioner/accused and was further sent for CT- Scan, however the same could not be done as the test machine is not currently functional at the NHAK. 4. On going through the records it is seen that the petitioner had approached the learned Trial Court praying for bail in I.A./65/2025 and I.A./82.2025. It is seen that both the IAs have been filed on the same grounds, i.e. that the petitioner/accused requires medical treatment outside the State. The same were rejected by the trial Court as nothing serious was revealed from the medical reports. In the present application, the petitioner/accused has approached this Court again on the same medical grounds, and therefore, there is no change in circumstance seen from the petition as preferred before this Court in the present I.A. 5. The learned Public Prosecutor, Ms. S. Mere is present and she has already prayed that the present application may be dismissed as no new change of circumstance has been made out and, further there is a prima facie case made out against the petitioner/accused under Section 21(c) of the NDPS Act, which is of commercial quantity. 6. In view of the facts and circumstances, this Court finds no merit in the present application and the same is disposed of. 7. The Jail Authorities of District Jail, Kohima are directed to give proper medical attention to the petitioner/accused and produce him before the NHAK for the CT-Scan as and when it is functional. JUDGE Comparing Assistant