I.A. Ansari, J.

1. This is an application, made under Section 439 CrPC, by the accused-petitioner, namely, Sri Sevi Tao, in connection with Dimapur East Police Station Case No. 342/2010 (G.R. Case No. 726/2010) under Section 364(A) of the IPC.

2. Perused the above application and materials on record.

3. Heard Mr. D. K. Mishra, learned Senior counsel, appearing on behalf of the petitioner, and Ms. T. Khro, learned Government Advocate, Nagaland, appearing on behalf of the respondents.

4. This bail application reveals a glaringly noticeable picture of the Mure of constitutional guarantee provided to every accused person under Article 21 of the Constitution of India. This failure raises a serious question as to whether the Government, in the State of Nagaland, has been able to run the State in accordance with the requirements of the Constitution. In the present case, while the Executive has miserably failed, the picture of judiciary is also not free from blemish. In this sorrow state of affairs, the responsibility lies more with the Executive than anyone else inasmuch as a sense of fear appears to have gripped the society in the State of Nagaland and has made even the judiciary succum