RD. CHAWAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) These Anticipatory Bail Applications have been filed under Section 438 of the Criminal Procedure Code, 1973 praying inter-alia for the issuance of anticipatory bail to the petitioners/accused in connection to FIR No. 10(06)2019 TPL-PS u/s 295-A/297/435/34 IPC and to make the anticipatory bail absolute.

(2.) On 15.6.2019, some miscreants entered into the cemetery of Challong village and dug over the tomb of Shri (L) D. Thamnok of Challong village which was buried on 20.05.2019 at the Challong Cemetery over Lungrul Hill saddle point and taken out his tomb cover and set fire over it, which brings the dead body 's box ablaze into ashes. That on receiving a complaint from one Smt. SK Shomlun, who is the wife of Shri (L) D. Thamnok, the Tengnoupal Police Station registered a case being FIR No. 10(6)2019 TPL-PS u/s 295-A/297/435/34 IPC against eight incumbents including the humble petitioners/Accused.

(3.) The body of the deceased Shri (L) D. Thamnol Lamkang was buried not at the cemetery of his village but rather was buried at some other place which is 3-4 Kms away at Vomku Village. Further, the dead body was buried on 20.05.2019 however, the complainant noticed the occurrence of the incident only on 15.06.2019 while she was paying a visit to the tomb of her husband. The petitioners have no role to pay in the occurrence of the incident and had good reputation and a clean image in the society. The complainant ought to have verified by the book as to who the real culprits are before naming the petitioners.