Nagaland: Banned-outfit suspect gets bail; HC cites completed investigation

DIMAPUR — The Kohima Bench of Gauhati High Court has granted bail to Apong M, an alleged member of “a banned organisation”, after observing that his further custody was no longer necessary as investigation had been completed and trial proceedings had already begun.

According to court records, the accused person has been charged under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including kidnapping or abduction for ransom, criminal intimidation, extortion, and involvement in organised crime, along with acting in concert with others in the alleged offences.

The charges were further invoked Section 7 of the Nagaland Security Regulation (NSR), which brought the case under additional security-related provisions.

Justice Yarenjungla Longkumer passed the order recently while hearing a bail application filed by the accused’s wife under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Senior advocate Taka Masa, appearing for the petitioner, argued that Apong had been in custody since May 24, 2025, and that the charge-sheet was submitted on June 3 and forwarded to the court on June 5.

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With the trial already underway, the defence maintained that continued detention was unwarranted.

Citing the Supreme Court ruling in Sanjay Chandra vs CBI (2012), the counsel submitted that an accused need not remain in custody once investigation is complete. The petitioner also assured the court that the accused, a permanent resident of Changtongya, was unlikely to abscond.

Opposing the plea, Public Prosecutor Livika argued that the accused was a “habitual offender,” already booked in another Changtongya PS case (No. 1/2025 under Section 305 (a) BNS), and alleged to be associated with a banned organisation.

She contended that releasing him on bail could lead to repetition of similar offences, and requested that any bail be subject to strict surety conditions.

After examining the trial court records, the High Court noted that cognisance had been taken by the chief judicial magistrate, the case committed to the Sessions Court, and charges framed on October 29 under Sections 140(2), 351(2), 308(2), 111(2)(b) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), to be read with Section 7 of the Nagaland Security Regulation (NSR).

Evidence is scheduled to begin on November 14, it added. 

Observing that the trial had commenced and further custodial detention was not required, the court allowed the bail petition.

Accordingly, the court ordered that the accused be released upon furnishing a bail bond of INR 50,000 with one surety of the same amount, who must be a permanent resident of Mokokchung.

He has also been directed to appear before the trial court on all dates, submit a permanent resident certificate from the Changtongya ward authority, and not leave the court’s jurisdiction without permission.