KUGHATO YEPTHO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is an application under sec. 439 of Cr.PC praying for release of one B.D. Jangade, General Manager, NHIDCL who is in judicial custody in connection with FIR case No.0008/2021, of Mokokchung P.S under sec. 406 of IPC read with sec. 8 of the Prevention of Corruption Act, 2015 which has been re-registered as State Crime PS No.03/21 under sec. 406 and 409 IPC read with sec. 7 and 8 of the Prevention of Corruption Act, 2015.

(2.) Heard Mr. Wati Jamir, learned counsel appearing for the applicant and also heard Mr. Kevi Angami, learned P.P. State of Nagaland.

(3.) Following a complaint lodged by the Deputy Commissioner, Mokokchung to the Superintendent of Police Mokokchung which alleged that in a video which has gone viral, Mr. B.D. Jangade, General Manager, NHIDCL was seen demanding a cut of 1% from every contract work executed by contractors as his share, an FIR No.0008/2021, under sec. 406 of IPC read with sec. 7 of the Prevention of Corruption Act was registered at Mokokchung PS, and thereafter, the accused was arrested in the evening of 2/6/2021 and he was remanded to police custody for 15 days. During that time, the State Crime PS, took over the case and the FIR was re-registered as State crime PS case 03/21, under sec. 406 and 409 IPC read with sec. 7 and 8 of the Prevention of Corruption Act, 2015. On completion of the police custody period the accused was remanded to judicial custody. The accused approached the Court of Special Judge, Mokokchung by filing a bail application which was registered as I.A (Crimina) No.3/2021. The bail application was heard on 24/6/2021 and it was disposed of on 25/6/2021, with an order rejecting the same. Being aggrieved, the accused is before this Court through his friend by filing the present application.