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HC releases accused in attempt to murder case on bail

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The accused, Nelson Nameirakpam, 33, who owns a shop, Lamphel Supermarket, was arrested for allegedly trying to kill one Roshan Thounaojam using a sharp object on March 17, 2021. He was booked under sections 326/307/34 of IPC and arrested on March 18

TFM Desk

The High Court of Manipur has granted bail to an accused in attempt to murder case. The accused, Nelson Nameirakpam, 33, who owns Horizon Printing Shop, Lamphel Supermarket, was arrested for allegedly trying to kill one Roshan Thounaojam using a sharp object on March 17, 2021. He was booked under sections 326/307/34 of IPC and arrested on March 18.

After hearing bail application of the accused, the high court ordered the accused be released on bail on his executing a bond of Rs 1(one) lakh with a surety to the satisfaction of the Chief Judicial Magistrate (CJM), Imphal West, Manipur.

Moving the bail application, counsel of the accused H. Chandrakumar submitted that the petitioner/accused has been detained in police and judicial custody for the last about 4(four) months. Investigation of the case had already been completed and a chargesheet had been filed by the I.O. on April 30, 2021.

However, no proceeding has been taken up by the concerned Magistrate for committing the case to the Sessions Judge for trial and no charge hearing had been done even after about two and half months from the date of submission of the charge-sheet, he said.

Stating that the trial is likely to take some time because of the prevailing situation of imposition of Curfew and other containment measures in the State due to the pandemic of COVID-19, the counsel of the petitioner prayed

After hearing counsels appearing for the parties, the court observed that the petitioner/accused has no criminal antecedent or past criminal records. He is also a deeply rooted person in society having a respectable family and he is not likely to flee or abscond during the trial of the case.

It further observed that the petitioner/accused is not an influential person in the society and there is no chance of tampering the evidence or influencing the witnesses by him.

Besides, no reason has been given by the respondents requiring the detention of the accused under Judicial Custody after filing of the charge sheet.

The high court stated that the accused is entitled to be enlarged on bail especially when there is no contention from the respondents that the accused person, if released on bail would abscond or interfere with the trial or tamper with the evidence.

However, the accused 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 to disclose such facts to the Court or to any other authority and he shall remain present before the court on the dates fixed for hearing of the case, the court said, disposing of the bail application. 

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