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2024 Supreme(Gau) 705
IN THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
KARDAK ETE, J.
Morge Nochi – Petitioner
Versus
The State of A.P., represented by the P.P. of A.P. – Respondent
BA No.52 Of 2024
Decided On : 03-06-2024
For the Petitioner: Dugmar Kamduk, K. Eshi, M. Ete, L. Tadam, M. Ratan.
For the Respondent: Mr. T. Ete, Addl. P.P. (A.P)
IMPORTANT POINT
The main legal point established in the judgment is that bail is the rule and deprivation of liberty must be considered a punishment, unless necessary to ensure the accused's appearance at trial. The court emphasized the presumption of innocence, the burden on the prosecution to prove the charges, and the assessment of evidence on the principle of beyond reasonable doubt.
Headnote:
BAIL - Application under Section 439 of Cr.P.C. - Sections 302/120(B)/507/34 IPC - Summary of Acts and Sections: The court discussed the provisions of Section 439 of the Cr.P.C. and the relevant factors to be considered for granting bail under Section 437(1)(i) Cr.P.C. The court also referred to the judgments of the Hon’ble Supreme Court in the case of Sanjay Chandra vs. CBI and Ajwar vs. Waseem, highlighting the principles of bail and relevant parameters for granting bail.
Fact of the Case:
The accused, Shri Toni Lollen, applied for bail in connection with a case under Sections 302/120(B)/507/34 IPC, involving the alleged murder of his wife. The prosecution alleged that the accused had assaulted and caused the death of his wife, while the defense claimed that the deceased committed suicide. The accused had been in custody for over five months, and the trial had commenced.
Finding of the Court:
The court considered the seriousness of the offence, the prima facie involvement of the accused, and the provisions of Section 437(1)(i) Cr.P.C. It emphasized the principles of personal liberty and the limited circumstances for restricting liberty before conviction. The court also highlighted the judgments of the Hon’ble Supreme Court, emphasizing that bail is the rule and deprivation of liberty must be considered a punishment, unless necessary to ensure the accused's appearance at trial.
Issues: The main issues were the prima facie involvement of the accused in the alleged murder, the seriousness of the offence, and the applicability of the provision of Section 437(1)(i) Cr.P.C. The court also considered the duration of the accused's incarceration and the likelihood of a prolonged trial.
Ratio Decidendi: The court's decision was influenced by the principles of bail as highlighted in the judgments of the Hon’ble Supreme Court, emphasizing the presumption of innocence, the burden on the prosecution to prove the charges, and the assessment of evidence on the principle of beyond reasonable doubt. The court also considered the period of incarceration, the filing of the chargesheet, and the likelihood of a prolonged trial.
Final Decision: The court granted bail to the accused, Shri Toni Lollen, on furnishing a bail bond of Rs. 30,000/- with certain conditions, including restrictions on leaving the jurisdiction of the Sessions Court, appearing before the court, refraining from criminal activity, and avoiding contact with the informant, victim's family, and prosecution witnesses.
JUDGMENT :
Heard Mr. D. Kamduk, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State.
2. This is a bail application under Section 439 of the Cr.P.C., 1973, praying for release of the accused, namely, Shri Toni Lollen, on post arrest bail in connection with the Aalo P.S. Case No. 74/2023 under Sections 302/120(B)/507/34 IPC, who was arrested on 05.12.2023.
3. The case of the prosecution is that on 05.12.2023, at 1700 Hours a written F.I.R. was filed by one Smti Yari Ruchi to the effect that her deceased daughter namely, Ms. Juli Ruchi, aged about 25 (twenty-five) years got married to the accused Shri Toni Lollen in the year 2020 and started living with him and after few months, the accused started torturing her daughter. On 04.12.2023, the elder sister of the deceased Ms. Yapi Ruchi received a phone call from the deceased at around 1730 hours and informed that first wife of the accused had arrived at her residence and forcefully asked the deceased to vacate her residence. Again, at around 1825 hours, the deceased told her elder sister that the accused had verbally warned her to vacate the residence and further the first son of the accused had warned the deceased not to give birth to any male child as it would divide his share in the property. It is also alleged that the first wife of the accused had also called her elder brother, namely, Shri Lidu Ruchi, warning that he must take his sister back from his residence. Further, the deceased made a call to her brother that she has been brutally assaulted and sustained injury in her person. Lastly, at 0100 hours, she received a call from the Police that her daughter has been brought dead at General Hospital, Aalo. Upon reaching there, she found that her daughter’s cloth was full of blood with grievous injury marks on upper back, shoulder till abdomen, bruises on right hand, face and neck and the deceased was bleeding from lower abdomen.
4. On receipt of the information, initially a case was registered being Aalo P.S. Case No. 74 of 2023 under Sections 306/34. Thereafter, on the information of the accused Shri Toni Lollen, a UD Case vide Aalo P.S. U.D. Case No. 05/2023 under Section 174 Cr.P.C. was registered. After completion of the investigation, the Police has laid down the Charge-sheet No. 02/2024, under Sections 302/120(B)/506/34 IPC against the accused Shri Toni Lollen and 3 (three) others. The Investigating Authority has prayed for omission of Section 306 and rescind the UD Case as mentioned above. There are 14 (fourteen) numbers of prosecution witnesses to be examined during the trial. It is informed that the trial is in the stage of consideration of charges.
5. Mr. D. Kamduk, learned counsel for the applicant, submits that the alleged accused person and the victim Lt. Juli Ruchi had a love affair and was supposed to solemnized their marriage in the month of December, 2024. The first wife of the accused has never objected to the second marriage and she had only objected regarding the transfer of property in the name of victim Lt. Juli Ruchi as the accused and the first wife have one son out of their wedlock. On her protest, the accused revealed that the brother of the victim was forcing him to transfer the property in her name if they desired to marry. Therefore, the first wife had to make a phone call to the brother of the victim and had some argument with him. The accused and the victim had an argument after the first wife and his son left the place. The accused had also left the place after an argument with the victim. The accused after coming back, found the door locked from inside and he kicked the door till it opened up and when he entered the room, he found the deceased hanging from the ceiling fan. The accused had informed the incident to his cousin brother and they have rushed to the Police Station and reported the incident. Thereafter, the mother of the victim had lodged an FIR on 05.12.2023 against the accused
