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Judgment
W. Diengdoh, J
Heard Mr. H.L. Shangreiso, learned Sr. counsel assisted by Mr. T. Dkhar, learned counsel for the applicant, who has submitted that by this application, the applicant has approached this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 with a prayer for grant of transit pre-arrest bail.
The apprehension being connected to an FIR dated 11.11.2024 registered as FIR No. 11/2024 under Section 352/353(2) of the BNSS, 2023 filed before the Officer-in-Charge, Cyber Crime Police Station, (PHQ) Kohima, Nagaland, wherein on certain allegations made therein, one person was arrested and the said arrested person had in course of his statement made before the police, implicated the applicant herein.
Being apprehensive of imminent arrest in connection thereof, this application is hereby filed with a prayer for grant of transit pre-arrest bail to allow the applicant to approach the competent court of jurisdiction for necessary action. However, as many as five respondents have been arrayed in this application, the respondent Nos. 1-3 being the State of Meghalaya, Shillong, the Superintendent of Police, East Khasi Hills, Shillong and the Officer-in-Charge, Nongthymmai Police Station, Shillong being duly represented by Mr. H. Kharmih, learned Addl. PP. It is prayed that notice may be allowed to be issued upon the respondent Nos. 4 & 5 respectively being the State of Nagaland, Kohima, Nagaland and the Officer-in-Charge, Cyber Crime Police Station, (PHQ) Kohima, Nagaland. It is also prayed that in the interim, a direction may be given that no coercive action be taken against the applicant including arrest.
Mr. H. Kharmih, learned Addl. PP prays that he may be allowed to respond to this application on the next date fixed.
On consideration of the prayer made, this Court is inclined to allow the prayer of the applicant. Accordingly, let notice be issued upon the respondent Nos. 4 & 5 respectively by normal process and Dasti service.
In the meantime, interim protection is hereby given to the applicant, inasmuch as, pending disposal of this application or until further orders, no coercive action including arrest be made as far as the applicant is concerned. However, it is open to the applicant that in the interim, he is at liberty to approach the relevant authorities as far as this matter is concerned, and to file a report before this Court in compliance thereof.
List this matter on 10.12.2024.