Communication of detention reasons during the initial appearance before a judicial authority within 24 hours satisfies constitutional protections regarding arrests. Release remains discretionary, weighed heavily against the severity of the alleged criminal acts and the potential for tampering with witnesses or obstructing justice.

ORDER :

KAUSHIK GOSWAMI, J.

Heard Mr. J. Rahman, learned Counsel appearing for the petitioner. Also heard Ms. M. Kumari, learned Retainer Counsel, CBI for the sole respondent.

2. This application is filed under Section 483 BNSS 2023 seeking grant of regular bail to the accused/petitioner i.e. Nameirakpam Kiran Meitei, who was arrested on 24.07.2023 in connection with CBI FIR No. RC0562023S0012/CBI/SCB/Kolkata, re-registered and re- numbered by the CBI by taking over the case from Nongpok Sekmai Police Station being FIR No. 110(06)2023 NSK-PS, registered under section- 153A/398/427/436/448/302/354/364/326/376/34 of the IPC, read with section 25(1-C) of Arms Act, added section 376-D of the IPC and Section 3(1)d, 3(1)e, 3(1)g, 3(1)(w(i)), 3(1)z, 3(2)(iii), 3(2)(iv) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The brief facts of the case are that pursuant to a notification No. 12/1(4)/2023-H(CBI) dated 26.07.2023 issued by the Government of Manipur u/s 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as DSPE Act), and notification F. No. 228/47/2023-AVD- II dated 28.07.2023 issued by the Government of India, Ministry of Personnel, Public Grievances and Pension, New Delhi, under Section 5(1) of the DSPE Act, CBI/SCB/Kolkata has re-registered RC 0562023S0012 on 28.07.2023 by taking over the said FIR No. 110(06)2023 NSK-PS dated 21.06.2023 of Nongpok Sekmai P.S., Thoubal District, Manipur, and its corresponding FIR No. ZERO (91)(5)2023 SKL-PS dated 18.05.2023 of Saikul P.S. District- Kangpokpai registered u/s- 153 A/398/427/436/448/302/354/364/326/376/34 IPC, read with section 25(1-C) of the Arms Act, registered against unknown miscreants numbering about 900-1000 persons.

4. Pertinent that the aforesaid case is registered on the basis of a written complaint of one Mr. Thangboi Vaiphei against unknown miscreants at Saikul P.S., alleging physical assault and gang rape of women victims, murder of the father and brother of one of the victim women, and other offences that took place in and around other villages on 04.05.2023. The brief case of the prosecution as unfolded from reading of the said complaint is that it is alleged inter-alia that on 04.05.2023 at around 3 pm, some unknown miscreants numbering about 900-1000 carrying sophisticated weapons and suspected to be members of Meitei Leepun, Kangleipak Kanba Lup (KKL), Arambai Tenggol and World Meitei Council (WMC), Schedule Tribe Demand Committee (STDC) entered village B. Phainom, Island Sub-Division, Kangpokpi District, Manipur, and vandalized and burnt the houses. It is further alleged that 5 villagers fled towards the forest and rescued by the Nongpok Sekmai Police team, however, on the way they were blocked by the mob, which snatched the 5 villagers from the custody of the police team. It is further alleged that father of one of the victims was killed at the spot and 3 victim women were physically forced to remove their clothes and were stripped naked in front of the mob. It is further alleged that one victim women was brutally gang raped in broad daylight and the younger brother of the victim women was also murdered by the members of the mob, and the 3 victim women managed to escape from the mob with the help of some perso