The Session Judge, Thoubal on Tuesday released six accused on bail, who were arrested in connection with murder of Ningthoujam Rohit who was shot dead on December 22 last at his home by masked gunmen in Heirok part II. The attack also left his father with serious injuries.
The Session Judge of Thoubal released them on bail after considering the documents, report from the IO of the case that the weapon of offense has not been recovered till date i.e., even after more than sixty days. There is no material before me to show that the accused are likely to hamper the investigation nor they are likely to abscond, if released on bail, the Judge said. The statements of eye-witnesses and other material witnesses have already been recorded. The statements of witnesses are contradictory as to important material facts. There is no statement of the prosecution that the applicants have tried to influence the witnesses, the Judge said.
The six accused are Thokchom Henrik @ Naobi Singh (27), S/o Th Ibosana Singh of Heirok Part-I; Laishram Biken Singh, 24 years, S/o L Bimol Singh of Heirok Part-II Mayai Leikai; Ningthoujam Panan Singh, 33 years, S/o N Muhindro Singh of Heirok Part-III Tourangbam Leikai; Khundongbam Nicky @ Anju Singh, 34 years, S/o Kh Raghuchandra Singh of Heirok Part-II, Mayai Leikai; Thokchom Sanathoi @ Lai Singh, 33 years, S/o Th Dijen @ Lakpati Singh of Heirok Part-II Mayai Leikai; Thokchom Putro @ Bisworjit Singh, 33 years, S/o Th Ibochouba Singh of Heirok Part-II, Thokchom Leikai. They were arrested on December 22, 2021 in connection with the murder of Ningthoujam Rohit on December 22.
The court stated that from the report it appears that the only ground for praying to reject their bail is the anticipated violence and not on merits. The important question is whether the accused are to be incarcerated in jail forever if the weapon of offense is never recovered. Perusal of the report would suggest that the investigation is complete except for the recovery of weapons of offense. The court considered the factors, the facts and circumstances of the case and opined to be granted their bail.
It may be mentioned that the main case was heard by the Chief Judicial Magistrate, Thoubal. However, the bail application was filed before the Session Judge, Thoubal under Section 439 of CrPC stating that the FIR has been registered on false and bogus facts which are fabricated, concocted and without any basis. They have been falsely implicated and arrested and any kind of investigation nor any kind of custodial interrogation or any recovery is to be made at the instant against them, said the defence counsel.
Accused Thokchom Putro Singh @ Bishworjit and accused Thokchom Henrik @ Naobi Singh have applied for bail on medical grounds. However, no relevant documents have been enclosed along with their application.
While granting the bail, the Session Judge ordered conditions to them that the passports, if already not deposited, should be deposited with the court and the accused should not leave the state without leave of the court. The accused should make themselves available for interrogation as and when required.
“As the prosecutor has stated that the case is because of political rivalry, the applicants are restrained from communicating with the complainant in any manner whatsoever till the declaration of results”, ordered the court.
However, the IO of the case submitted that six accused persons are not co-operating in the police investigation. In the post mortem report the concerned doctor opined that death happened to injury to the heart and lung resulting from fire arm injury (shot gun) to the body fired from a short range. On analysing the CDR of the above noted accused person it was found that they were not sleeping on the night of 21.12.2021 and 22.12.2021 which are contradictory to their statement given before the IO.
The IO submitted that the weapon of offence including the firearm which was used in the commission of the crime was also unrecovered and the remaining involved accused also remained undetected. If the accused persons are set free at this stage of investigation it will hamper and tamper the investigation of the case by any way and they might create similar offence in the near future, the IO said.
“There is high tension at Heirok Village regarding the death which may create unwanted incident likely to be most dangerous by using dangerous weapons of offence”, submitted the IO and stated that if the accused are released on bail, it is ascertained that there would be hue and cry and it would create law and order problem in the area. The IO of the case has therefore prayed for rejecting the bail applications filed by the accused persons.
The IO report also mentioned that from the statements of eye witnesses it is learnt that the accused persons committed the crime at a place where two electric bulbs are lighted which can be seen by the eye witnesses.
Additional PP for the state has submitted that the accused persons are involved in the present case and hence, the bail petitions are to be rejected. He has submitted that if the accused are released on bail, there will be violence in Heirok as the victim died due to the political rivalry of the forthcoming Assembly elections.
