THOKCHOM JITENDRO SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 439 Cr.P.C. to enlarge him on bail in connection with FIR No.106(5)2022 under Sec. 304/34 IPC read with Sec. 364-A/390/109 IPC on the file of Imphal Police Station.

(2.) The case of the prosecution is that on 3/5/2022 at 1.30 a.m., one Arambam Kombirel Devi reported that on 2/5/2022 at about 9.30 a.m., her son Arambam Nanao Singh was abducted by 3/4 unknown persons in civil dress, who came in a car from the road nearby their house located at Sagoiband Kangabam Leikai. One of the said team identified himself as SI Jitendro (petitioner) who came in a white Activa, asked to come to Imphal Police Station. After half an hour, the police team in civil dress also picked up Nanao's Swift car which was parked at the road side. Later, she arrived at Imphal Police Station at around 10.30 a.m. of the same day. After a long wait, she happened to meet SI Jitendro at 1.30 p.m. After meeting with him, he warned that unless Rs.5.00 lakh is paid till 4.00 p.m. of the same day, he will not be relieved. She was made to sign on a piece of paper stating that her son has been arrested in a case and served her a copy. While managing to settle the matter, the police team brought her son Arambam Nanao Singh at her resident at 4.00 p.m. and the said police team brought him in his room. At that time, no family members were allowed entry in the room by the police team. Having heard to save her life, while attempted to enter his room by his younger brother Arambam Manju Singh, he was pushed back by his neck. After that, Nanao's grandmother, Arambam (O) Memcha Devi @ Leibakleima was also pushed back very hard. After a while, Nanao was taken out of his room in an unconscious state. Later, he was evacuated to RIMS Hospital by two police personnel (one in uniform and one in civil dress) along with her son Manju and Sanabam Nilakanta Singh in a fourt-wheeler car of Nilakanta. However, he expired at RIMS Hospital despite medical treatment. Based on the complaint, the Imphal Police registered a case in FIR No.106(5)2022 under Sec. 304/34 IPC against the petitioner.

(3.) The case of the petitioner is that neither the FIR nor the investigation discloses any ingredients to constitute the offences alleged against the petitioner. The petitioner is a simple police officer coming from a reputed family and has an impeccable and untarnished image and no past criminal records in his name. He has been falsely implicated in the instant case. He has not done any offence as alleged by the prosecution. Hence, he filed the present petition for bail.