IMPORTANT POINT
The main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane attitude in dealing with bail applications.

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.66(05)2022 under Section 302 IPC on the file of Churachandpur Police Station.

2. The case of the prosecution is that on 4.5.2022, the Officer-in-Charge of Churachandpur Police Station received a written complaint from Thanglawr of Muonlhlum, Rengkai Village, Churachandpur stating that on 20.12.2021 at around 7.00 a.m., his son Vanramlal was assaulted by the petitioner and four unknown associates at a culvert in Edenthar, Rengkai near the residence of the petitioner at District Hospital, Churachandpur. However, his son was declared brought dead by the concerned Medical Officer on duty. Further, without performing any police formalities, the petitioner engaged one ambulance and dropped the dead body of his son at his residence. He has been threatened by the petitioner not to make any complaint to the police. The petitioner being S/s Defence Secretary of Hmar Peoples Convention (D), GHQ (HPC), he did not made any report to the police and conducted the funeral at Rengkai Cemetery on the date. Hence, there is a delay in lodging the complaint. Upon receipt of the complaint, the Officer-in-Charge of the Churachandpur Police Station registered an FIR bearing No.66(05)2022 under Section 302/34 IPC against the petitioner.

3. Mr. Serto T. Kom, the learned counsel for the petitioner submitted that the present FIR has been registered based on hearsay received by the complainant against the petitioner, wherein the complainant himself stated that he was informed by his wife who was called upon by one Willam Hrangate through phone that their son and his friend were beaten by the petitioner at a culvert in Edenthar without any proof. He would submit that there is no material to prove the allegation against the petitioner and that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned counsel further submitted that the complaint was made after a long delay of the alleged incident of the death of the complainant's son, which the petitioner believed to be based on some pressure made upon the complainant by some persons to see that the petitioner be in the police custody as well as in judicial custody for a long time as the alleged offence being heinous crime. The said pressure is believed to be made by the powerful supporters of certain politicians against whom the petitioner had worked during the election of the 12th Manipur Legislative Assembly Election held on 5.3.2022. The petitioner being social worker and active in politics has been made as victim and it is a post-election rivalry.

5. The learned counsel next submitted that the allegations made in the complaint being concocted and that the petitioner is never a member of the organization called Hmar Peoples Convention (Democratic). The learned counsel submitted that there is no any material to substantiate the allegations against the petitioner, nor is there any witness to prove the allegations against the petitioner and that there is no prima facie case is made out. He submits that earlier, the petitioner filed Cril. Misc. (B) Case No.12 of 2022 before the learned Special Judge, ND&PS, Churachandpur and by the order dated 11.7.2022, the learned Special Judge dismissed the petition on vague grounds and the same required to be set aside and that the learned Special Judge has not appreciated the case put forth by the petitioner in proper perspective. Thus, a prayer is made to enlarge the petitioner on bail.

6. Per contra, Mr. H. Samarjit, the learned Additional Public Prosecutor submitted that after registration of the FIR and upon obtaining proper order from the concerned Magistrate, exhumation of the body of the deceased was conducted at the grave yard Rengkai Cemetery and required formalities were conducted at the place in the presence of the Executive Magistrate and witnesses. He would submit that the investigation of t