IMPORTANT POINT
The delay in concluding the trial, the presumption of innocence, and the lack of prima facie evidence were central to the court's decision to grant bail to the petitioner.

JUDGMENT

1. This petition has been filed by the petitioner under Section 439 Cr.P.C. praying to enlarge him on bail in connection with FIR No.33(05)2022 under Sections 342/364/34 IPC added Section 302 IPC on the file of Lilong Police Station.

2. The case of the prosecution is that on 21.5.2022 one Md. Abdul Barik of Yairipok Changamdabi Makha Leikai lodged a complaint to the Superintendent of Police, Thoubal stating that on 16.5.2022 at about noon hours, his son Md. Abdullah left his house being accompanied by three persons, namely Md. Baksar, Sajish Khan and M.Tarique Aziz and his son did not return. On 20.5.2022, it was known from the persons who accompanied with his son that his son was kidnapped and abducted and also wrongfully confined without any reason. Hence, the complainant filed a complaint before the Superintendent of Police. Upon receipt of the complaint, the same was forwarded to Lilong Police Station and the Officer-in- Charge of Lilong Police Station registered the case in FIR No.33(5)2022 under Section 342, 364/34 IPC against Md.Mujibur and others. During the course of investigation, on 22.5.2022 at about 2.00 p.m., an information was received that an unidentified body later identified to be the missing Md. Abdullah was found floating on Imphal river at Arong Nongmaikhong. Thereafter, the investigating officer altered Section 302 IPC.

3. Mr. M. Gunedhor, the learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would submit that on 16.5.2022 at 12.00 noon, one Tabasum and Regina (Tabasum's sister) invited the deceased Md. Abdullah for dinner. The deceased along with three of his friends, namely, the petitioner, Md. Baksar and Tarique Aziz went to Rajina Begum's place to have dinner. At around 8.00 p.m., the accused and the deceased were told by Regina Begum to take her sister Tabasum along with them. As they disagree, it led to a heated argument amongst themselves. Thereafter, the petitioner along with two of his friends left the said place leaving the deceased Md. Abdullah at Regina's place and the deceased did not return home the said night. The petitioner on the same night informed parents of the deceased about the confinement by Tabasum, Regina Begum, Mijibur Rahaman and Bilkis. Therefore, the petitioner is in no way connected with the crime and he has been falsely impleaded as an accused.

4. The learned counsel further submitted that the accused Tabasum, Md. Mijibur Rahaman, Rajina Begum and Md. Ningthou @ Arif were granted bail by the learned Sessions Judge, Thoubal on 22.8.2022 and 28.9.2022 respectively. He would submit that under no fault, the petitioner has been in custody and the investigating agency is yet to substantiate the allegations levelled against the petitioner till date after his detention on 22.5.2022 and rather the persons who are directly connected to the death of the deceased are released on bail by the Court. Thus, the learned counsel prayed for bail on the ground that the petitioner is innocent of all charges; the allegations are not substantiated till date; the petitioner has no criminal antecedents and he will abide by all the conditions imposed by this Court.

5. Per contra, Mr. H. Samarjit, the learned Additional Public Prosecutor submitted that there is strong prima facie case against the petitioner. He would submit that the investigation reveals that there was intention/conspiracy on the part of the petitioner to confine wrongfully the deceased Md. Abdullah in collusion as he was more acquainted with Tabasum, not ready to take Tabasum along with them and that the petitioner was also the driver of the car and objected to carry her even when deceased was ready to take her and even told them if she had to come, then she should come in another vehicle as he will not be able to carry in the vehicle driven by him. Since the allegations levelled against the petitioner are serious in nature, the learned Additional Publ