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Bail Appln. No. 11 of 2022

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Bail Appln. No. 11 of 2022

Mr. Mark Thangmang Haokip @ Mark T Haokip, aged

about 39 years, s/o Limkhosei Haokip of Molnom

Village, P.O., P.S. and district Churachandpur,

Manipur at present resident of 2^nd Floor, House No.

42/9, Kishan Garh, New Delhi.

... Petitioner

-Versus -

1.

The

State

of

Manipur,

represented

by

Commissioner/Secretary (Home), P.O. & P.S.

Imphal,

Imphal

West

District,

Pin

No.

795001,Manipur.

2.

The Officer-in-charge of Imphal Police Station

represented by its Officer-in-charge at Imphal,

Manipur.

...Respondents

BEFORE

HON’BLE MR. JUSTICE M.V. MURALIDARAN

For the Petitioner

::

Mr. Ashish Deep Verma,

Advocate

For the Respondents

::

Mr. Lenin Hijam, AG

Mr. L. Somorendro Roy, Adv.

Date of Hearing and

reserving Judgment & Order ::

28.09.2022

Date of Judgment & Order ::

02.11.2022

SHAMURAILATPAM SUSHIL

SHARMA

Digitally signed by SHAMURAILATPAM

SUSHIL SHARMA

Date: 2022.11.04 16:51:39 +05'30'

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Bail Appln. No. 11 of 2022

JUDGMENT AND ORDER

(CAV)

This petition has been filed by the petitioner under

Section 439 Cr.P.C. seeking bail in connection with FIR Case

No.129(05)2022 under Sections 120-B/121/121-A/123/400 IPC

and Sections 17/18 of UA(P) Act on the file of Imphal Police

Station.

2.

Brief facts are that on 30.5.2022, the complainant

Sanjeeva Singh, Sub-Inspector of Police, Imphal Police Station,

submitted a written report to the Officer-in-Charge of Imphal

Police Station stating that as per reliable information, the

petitioner, the President of an outfit organisation called

<Government of the People’s Democratic Republic of Kukiland=

was involved in a conspiracy for secession from India and to

wage war or attempting to wage war or abetting wage war

against the Government of India along with three other officer

bearers,

namely(i)

KS

Kipgen-Secretary

(Admn);

(ii)

LunkhohaoHaokip-Sectary (Political Affairs) and (iii) CSK Mate

(Press Secretary). The petitioner was also involved in spreading

propaganda in social media platform so as to create instability,

communal

hatred,

animosity,

inciting

violence,

false

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Bail Appln. No. 11 of 2022

propaganda etc., so as to achieve the organisational goal of

Government of Kukiland. The petitioner also owns a website

domain to propagate their ideas and hatch conspiracy against

the Government. Based on the complaint, the Imphal Police

Station registered an FIR No129(5)2022 under Sections 120-

B/121/121-A/123/400 IPC and Sections 17/18 of UA(P) Act

against the petitioner and took up the case for investigation by

the investigating officer.

3.

The case of the petitioner is that he has been

wrongly implicated in this case and illegally detained in the

custody by the arresting authority. All the allegations are based

on bogus and cooked up story of investigating authority,

including the allegations that he is the President of an outfit

organisation called <Government of the People’s Democratic

Republic of Kukiland=, which hatched conspiracy to wage war

and conspired to secede from India. Sans the ingredients nor

the facts of attracting invocation of Sections in the FIR are prima

facie established further detention of the petitioner. Hence, the

petitioner has to be released on bail.

4.

Objecting the bail petition, the Superintendent of

Police, Imphal West District, filed affidavit stating that the

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Bail Appln. No. 11 of 2022

petitioner had admitted to have involved in conspiracy for

secession from the Union of India and the Government of

Manipur and to form a Government of the People’s Democratic

Republic of Kukiland by means of waging war, attempting