Page No.# 1/7 GAHC020005002025 2025:GAU-NL:388 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./13/2025 SHRI SURENDRA TAKAR S/O SHRI GOGRAJ TAKAR, PERMANENT RSIDENT OF RENWAL, DIST- JAIPUR, RAJASTHAN VERSUS STATE OF NAGALAND NAGALAND KOHIMA Advocate for the Petitioner : ASANGLA WALLING, NISUKA CHISHI Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 22-08-2025 Heard Ms. Asangla Walling, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Public Prosecutor for the State of Nagaland. 2. This is an application under Section 480 of the BNSS, 2023 Page No.# 2/7 praying for bail in connection with GR case No. 81/2025 relating to KMA(S) PS case no. 0015/2025 under Section 314/318(3)(4)/3(5) of BNS, 2023. 3. The Case Status report along with the updated CD has been received by the learned PP, who has placed the same before the Court. 4. Ms. Asangla Walling, learned counsel for the petitioner submits that on a basis of an FIR lodged by the proprietor of M/S Krubi Enterprises, the accused persons, who are the elder brother and the uncles of the petitioner, were called to the South Police Station, Kohima and after recording their statements, they were released on PR bond on 09.07.2025. An undertaking was also taken from the accused persons that they would not repeat such offences and further, the accused also had to pay an amount of Rs. 14,56,000/- to the informant. The informant thereafter lodged another complaint on 15.07.2025, before the same police station alleging some additional misappropriation of money and on that basis, Kohima South Police Station case no. 0015/2025 under section 314/318(3) (4)/3(5) BNS, 2023 was registered and the accused persons were taken into custody on 15.07.2025. It is stated that the accused persons still continue to be in judicial custody. 5. It is further stated by the learned counsel that an Interlocutory Application bearing no. 95/2025 was moved before the learned Court of Chief Judicial Magistrate, Kohima praying for release of the Page No.# 3/7 accused persons on bail. The petition was heard on 30.07.2025 and by order dated 08.08.2025, the said petition was rejected on the ground that the investigation was still under progress and also on the ground that releasing the accused persons may give them an opportunity to flee and disappear. Hence, this application under section 480 of the BNSS, 2023 praying for consideration of grant of bail to the accused persons namely, Shri. Ratanlal Giri, Shri. Bhagu Ram Phoolphakar and Shri. Sanwar Mal Takar. 6. The learned counsel for the petitioner has submitted that when the initial complaint had been lodged by the complainant, the three accused persons for whom bail is sought herein were released on PR bond, and they did not make any attempt to either flee or avoid the investigation being conducted by the police authorities. They had in fact complied with the conditions of the PB bond and made themselves available on 15.07.2025 to the police authorities when the second complaint was lodged by the informant and registered as an FIR by the Police authorities. 7. The learned counsel for the petitioner has submitted that the three accused persons for whom prayer for grant of bail has been made herein are all presently residing within the jurisdiction of the Kohima South Police Station and, therefore, with imposition of appropriate conditions, the three accused persons deserve to be released on bail. The learned counsel has also submitted that it would be apparent from the contents of the complaint, which was converted to an FIR, that the allegations are necessarily subject Page No.# 4/7 matter of documentary proof and all such documents which would be necessary to determine the involvement of the accused persons are either in the possession of the informant or by this time with the Investigating Authority. The learned counsel submits that therefore, there can be no reason to presume that the release of the three accused persons would, in any manner, hamper or tamper with the investigation being carried on. The learned counsel further submits that the accused were arrested on 15.07.2025, and now a period of more than 36 days has lapsed since they have been denied of their right to liberty. 8. The learned PP, Mr. E. Thiba Phom, on the other hand vehemently opposed the prayer for grant of bail to the three accused persons. He has submitted that the present case is not a case of trivial nature, but serious allegations have been levelled against the accused persons of misappropriating huge amounts of money from the IOC outlet. Initial investigation has revealed transactions running into crores of rupees which have taken place though the account of the accused, and such transactions remain unexplained. He draws the attention of this Court to the Case Status report stating that the series of the additional amount, in excess of crores, transacted through the accounts of the accused persons are yet to be traced and at this stage, it may not be conducive for the investigation, if the accused persons are allowed to go on bail since in that event, they may hamper or tamper with the investigation. 9. I have gone through the updated Case Diary and I have also Page No.# 5/7 given anxious consideration to the submissions made by the learned counsel for the parties. 10. The accused persons have been arrested on complaints that they have misappropriated certain amount of funds from the accounts of M/s Kurbi Enterprises, Mohankhola NH-29. The record reveals that the accused persons were let off on PR bonds by the Investigating Authority when the initial complaint was lodged. The record also reveals that on a complaint with allegation of higher amounts of misappropriation of funds, the accused persons were taken into custody. It is also seen that the accused have been taken into custody on 15.07.2025, and the statement of the complainant, and the accused Nos. 1, 2 and 3 have also been recorded by the Investigating Authority under section 180 BNSS, 2023. The accused were produced before the learned Chief Judicial Magistrate, Kohima when they were initially remanded to judicial custody on the prayer of the Investigating Authority. 11. The record also reveals that the prayer made by the IO for extension of judicial remand for another 14 days for the three accused involved in this petition was granted by the learned Trial court, and the further extension was granted on 12.08.2025. It is seen from the updated CD that the investigating authority has made substantial progress in the investigation. It is also seen that the allegations are of misappropriation of funds of a business, which are traceable to documentary records. The three accused persons in this case have been incarcerated behind bars for a substantial period of Page No.# 6/7 time and in the meantime, the documents and other records which are available with the informant have also been gone through by the investigating authority. 12. In view of the above, this Court finds that the further custodial remand of the accused persons are no longer required. Accordingly, the accused persons namely, Shri. Ratanlal Giri, Shri. Bhagu Ram Phoolphakar and Shri. Sanwar Mal Takar in GR case no. 81/2025, are directed to be released on bail subject to the following stringent conditions to ensure that no prejudice is caused to the investigation or trial of the case; (i) The accused persons shall be released on furnishing a bail bond of Rs. 25,000/- with two sureties of like amount to the satisfaction of the Chief Judicial Magistrate, Kohima. (ii) The accused shall appear before the IO of the case at least once every week. (iii) The accused shall not leave the jurisdiction of the Kohima South Police Station without written permission from the learned Chief Judicial Magistrate, Kohima. (iv) That the accused applicant shall not hamper or tamper with the evidence(s) of the case in any manner. (v) That the accused applicant shall not commit an offence Page No.# 7/7 similar to the offence of which he is accused of. (vi) That the accused applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. 13. Any violation of the above conditions shall entail immediate cancellation of the bail. 14. This bail application stands disposed of accordingly. JUDGE Comparing Assistant