STATE OF MANIPUR Vs. S. NGULSING GUITE

JUDGEMENT

(1.) THIS is an application by the State of Manipur under Article 227 of the Constitution of India and/or Under Section 439(2)/482 of the Criminal P. C, praying for setting aside and cancellation of the bail order dated 31 -7 -1981 passed by the learned Judicial Magistrate, First Class, Imphal, in Criminal Misc, (Bail) Case No. 226 of 1981, granting bail to the accused -respondent Shri S. N. Guite and for committing him to custody.

(2.) ON the basis of a telephonic message received on 20 -7 -1981, at the Imphal Police Station to the effect that one Shri Bhaumik, Adviser, Agriculture Department, Manipur, was shot dead at his residence at Officers' Colony, Sanjenthong, by two unknown miscreants, the Imphal Police Station F.I.R. Case No. 41(7) 81 I.P.S. Under Section 121/121A/448/302, I. P. C, and Section 25, Arms Act and Section 13, Unlawful Activities (Prevention) Act, 1967, was registered. It is stated in the petition that during the interrogation of the arrested accused persons, it was re -

(3.) IN this application, it is further alleged that subsequent to his being released on bail, the accused was required to attend Imphal Police Station in the morning of 2 -8 -1981 and also in the morning of 3 -8 -1981, but the requisition or summons could not be served to him as he evaded the service of the same, and that subsequent to his being on bail, the accused had been planning through his agents to destroy or keep concealed the documents, office files etc. and influence the witnesses working under him and non -officials who are material to the case and thus there is overwhelming probability that the accused -respondent who is still in service will hamper the prosecution and also tamper with the prosecution evidence.