Ningthoujam Leaderson Singh vs State Of Manipur

[1] Heard Mr. L. Shyam, learned counsel for the petitioner and Mr. Y. Ashang, learned PP for the respondents.

[2] The case of the petitioner is that the petitioner is a film maker and as a routine manner the petitioner have maintained a technical room in his

residential house thereby placed a computer set including sound system along with one external hard drive for additional data storage and catching up

with other film studio or counterparts in the technical aspect of film making.

[3] It is the further case of the petitioner that being excellent in the field of editing one of his film colleague namely Sanasam Bonyson Singh, aged

about 27 years S/o Sanasam Kameshore Singh of Kongba Nongthombam Leikai near East Garden came to his office and proposed to support all

stages of the process from shooting of the scene through post production for the film “Soijangâ€. A film shooting requires a compact storage to

store many takes and retakes of raw footage scene therefore both the petitioner and said S.Bonyson Singh jointly handles the computer set including

his own Computer Hard Drive in the office of the petitioner. The petitioner also used his hard drive as an additional item of his own computer set. In

addition to the said hard drive, the said private respondent No.5 also used his own hard drive to store his required film takes and retakes. The

petitioner used to go to collect the hard drive of the respondent No.5 and rather he used to come and utilized the computer of the petitioner and there

is a tradition in the film industry that out of the 2 copy one copy should be kept in the custody of the producer and another one should be kept in the

studio for editing.

[4] The learned counsel for the petitioner further submitted that present petitioner stored some recording video in his hard drive relating to wedding of

1) Sougrakpam Chingthangkhomba of Irom Meijrao ii) Mr. Santosh of Khumbong iii) Ningthoujam Somorendro Singh of Heirok part-2 Khunou along

with some theatre programme videos, Documentary film of Sajibu cheiraoba cultural programme(from 2016 upto 2019), Moirang Praba training

photography, Ching Tam Ningol Chakouba (from the year 2009 till 2019) Video collection for north East Zone Cultural Centre, some photo shoot data

captured for Manipuri model by Ningthou Photography, some gospel song video of Meitei Baptist Church etc. including one Toshiba (2TB) hard drive

containing raw footage scene of “Musla Tahoure†(Video album) produced by the present petitioner. However, the same had been stolen by the

private respondent No. 5 and in this regard an FIR has been registered by making a complaint before the Officer-in-charge, Imphal West being FIR

No. 147 (6) 2019 IPS U/s 380 IPC. Accordingly the concerned I.O, interrogated 5 person namely S. Bonyson who is the respondent No.5 in the

petition 2. Ningthoujam Ibungo 3. Ningthoujam Ranabir and two other unknown persons who were residing in the residential house of the Ibungo.

[5] Thereafter, some dispute arosed between the petitioner and the 5th respondent by namely Shri Bonyson Singh for the allegation that the album

song namely “Musla Tahoure†was part of the clipping stored in the stolen hard drive of the present petitioner and he alleged that the stolen hard

drive is in fact in the custody of the present petitioner and as such he could produce the said Music video Album namely “Musla Tahoureâ€​.

[6] Therefore, the 5th respondent by namely, S. Bonyson Singh has filed Cril.Complaint Case No. 30 of 2019 before the learned Chief Judicial

Magistrate Imphal East seeking the direction against the petitioner.

[7] In the said complaint, the learned Chief Judicial Magistrate, Imphal East has issued notice to this petitioner. Therefore aggrieving the adverse order

passed against him the petitioner has filed the present anticipatory Bail petition before this Court in the event of his arrest in the Cril. Complaint Case

No. 30 of 2019 pending on the file of the learned Chief Judicial Magistrate, Imphal East.

[8] The learned counsel for the petitioner further submits that based on the criminal complaint filed before the learned Chief Judicial Magistrate,

Imphal East the petitioner is apprehending arrest in the hands of the respondent police. Therefore, the petitioner approached this Court to grant

anticipatory bail and if this Court inclined to grant anticipatory bail he is ready to abide by any stringent condition to be imposed by this Court.

[9] Mr. Y. Ashang, learned PP for the respondents argued the case that there is no FIR registered against this petitioner but based on the

Cril.Complaint Case No. 30 of 2019 filed by the 5th respondent on 05.7.2019 before the learned Chief Judicial Magistrate, Imphal East this

anticipatory bail is filed.

[10] Therefore, Mr. Y. Ashang, learned PP for the respondents represented that if this Court consider the case of the petitioner for anticipatory bail

stringent condition may be imposed on the petitioner by directing him to report before the respondent police.

[11] I heard both the parties and perused the record.

[12] Admittedly, there was no FIR registered against this petitioner but the 5th respondent by namely Mr. Bonyson Singh has filed private complaint

before the learned Chief Judicial Magistrate, Imphal East in Cril. Complaint Case No. 30 of 2019 on 05.7.2019 on the allegation that the album song

namely “Musla Tahoure†was part of the clipping stored in the stolen hard drive of the present petitioner and the petitioner has stolen hard drive

from the 5th respondent. Therefore, he prayed for registering the case against this petitioner and proceed accordingly.

[13] When the matter is taken up by this Court on 26.9.2019, this Court after hearing the argument of Mr. N. Jotendro, learned senior counsel for the

petitioner, this Court granted an interim anticipatory bail to the petitioner and same is periodically extended till date.

[14] For the past 2(two) years the interim anticipatory bail is periodically extended and pending. Therefore if the interim anticipatory bail is made

absolute no prejudice will be caused to the respondent Nos. 1 to 5.

Therefore, on considering the arguments of both the parties, I am inclined to allow this anticipatory bail application.

[15] In the result,

(a) this anticipatory bail petition is allowed.

(b) the petitioner is granted anticipatory bail on condition that the petitioner should execute a surety for a sum of Rs.25,000/- only to the satisfaction of

the learned Chief Judicial Magistrate, Imphal, East.

(c) the petitioner should report before the respondent police for two weeks daily at 10:00 am and thereafter as and when required.

[16] Registry is directed to issue copy of this order to both the parties through their whatsapp/e-mail.