Page No.# 1/4 GAHC020007102025 2025:GAU-NL:537 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./24/2025 SMTI BENDANGLILA W/O SHRI APONG M, CHUMUKEDIMA NAGALAND VERSUS STATE OF NAGALAND NAGALAND KOHIMA Advocate for the Petitioner : TAKA MASA, SR. ADV, SORENI MOZHUI,SENTILONG,TIAKUMLA,ARENLONG Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 10.11.2025 The present application under section 483, BNSS has been filed by the wife of the accused, Mr. Apong M. praying for release of the accused person on bail in connection with GR No. 12/2025 arising out of Mokokchung PS-I Case No. 0006/2025 under Section Page No.# 2/4 140(2)/351(2)/308(2)/111(2)(b)/3(5), BNS read with Section 7, NSR. 2. Heard learned senior counsel for the petitioner, Mr. Taka Masa assisted by Mr. Arenlong. It is the case of the petitioner that the accused was arrested on 24.05.2025 in connection with the above mentioned case. After due investigation, the Investigating Officer has submitted the Charge-Sheet dated 03.06.2025 and the Charge-Sheet has been forwarded on 05.06.2025 to the Court. Learned senior counsel submits that the custody of the alleged accused is no longer required as the investigation process is over and the trial has started. 3. Learned senior counsel has relied on the case of Sanjay Chandra Versus Central Bureau of Investigation reported in (2012) 1SCC 40 wherein it is held that after completion of investigation and after the Charge-Sheet is already filed before the Court, the presence of the accused in custody may not be necessary for further investigation. It is also submitted that the accused is a permanent resident of Changtongya Town and, therefore, there is no chance of absconding or jumping bail if the petition is allowed. It is therefore prayed that the accused may be released on bail pending trial subject to conditions imposed by this Court. 4. Heard the learned Public Prosecutor, Ms. Livika, who has objected to the petition on the ground that the accused is a habitual offender and he is already booked in another case relating to the Changtongya Police Station Case No. 1/2025 under Section 305(a) BNS in GR Case No. 5/2025. It is also stated that the offence which the accused is charged with is of a serious nature and that the accused belongs to a banned organization, hence there is every likelihood that the accused may commit Page No.# 3/4 the same offence if released on bail. Learned Public Prosecutor has also submitted that in case the petition is allowed, the accused should be directed to produce a surety, who is a Government employee. 5. The Court has considered the submissions of the learned counsels and also perused the Trial Court Records which have been produced. It is seen that the Charge-Sheet has already been submitted on 05.06.2025 and cognizance has been taken by the learned Chief Judicial Magistrate and being Sessions triable, the case was committed to the learned Sessions Court. Thereafter, on 29.10.2025, the Sessions Court has framed charge against the accused person under Section 140(2)/351(2)/308(2)/111(2) (b)/3(5), BNS read with Section 7, NSR and the matter has been fixed for evidence on 14.11.2025. It is, therefore seen from the records that the trial has already started and this Court is, therefore, of the view that the custody of the accused person is no longer required in the present case. Accordingly, the application is allowed. 6. The accused person, Mr. Apong M. may be released on bail on the following terms and conditions: (i) Execution of bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with one surety of like amount to the satisfaction of the Trial Court. The surety shall be a permanent resident of Mokokchung. (ii) The accused shall appear before the Court on every date fixed and shall not absent himself without showing cause. (iii) The accused shall also produce a permanent resident certificate from the Ward authority of Changtongya Town. Page No.# 4/4 (iv) The accused shall not leave the jurisdiction of the Trial Court without permission of the Court. 7. Petition stands disposed. Registry is directed to return the Trial Court Records. JUDGE Comparing Assistant