The Guwahati High Court, Kohima Bench, has granted bail to a petitioner accused in an alleged road rage incident that occurred in Kohima on May 18, 2024. The incident reportedly led to the death of a person the following day.
FIR and Allegations
The case originated from a First Information Report (FIR) filed by the victim’s son on May 19, 2024. The FIR alleged that his father was hospitalized and subsequently died due to an “untoward incident” on May 18, 2024, involving two individuals: Neizosetuo Kire and Khrietsonyu Whuorie. The complainant also claimed to have been assaulted during the same incident.
The High Court delivered its ruling on April 11 during a hearing on the bail application filed by Neizosetuo Kire. Justice Devashis Baruah issued the judgement and order, focusing primarily on the legality of the petitioner’s arrest and whether due process of law was followed.
Central Issue: Legality of Arrest
A key point of contention before the Court was the alleged violation of Section 50 of the Code of Criminal Procedure, 1973 (now Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023), and Article 22(1) of the Constitution of India. The Court clarified that both provisions mandate informing an arrested person of the grounds of their arrest, which are distinct from the reasons for the arrest.
Lack of Documentation Regarding Grounds of Arrest
The prosecution argued that the petitioner was verbally informed of the grounds for his arrest. However, the Court noted that the case diary lacked any contemporaneous record to support this claim. Referring to the Supreme Court’s judgment in Vihaan Kumar vs. State of Haryana, the High Court emphasized the legal requirement of documenting the grounds of arrest, even if communicated verbally.
Court’s Conclusion on Legality of Arrest
Based on the absence of any record in the case diary, the Court concluded that the arrest of the petitioner on May 19, 2024, at 3:40 pm was “illegal” due to non-compliance with the aforementioned statutory and constitutional provisions.
Conditions for Granting Bail
Despite finding the arrest illegal, the High Court granted bail to the petitioner under several stringent conditions, including:
Prohibition from leaving Kohima without prior permission from the District and Sessions Judge.
Barring from tampering with evidence, influencing witnesses, or making any threats or inducements.
Mandatory surrender of his passport, if any, to the District and Sessions Judge.
Requirement to appear on all scheduled court dates, with absence only allowed with prior court permission. In case of a medical emergency, the petitioner’s counsel must inform the District and Sessions Judge, whose decision will be final.
Direction to the petitioner not to delay the proceedings in any manner.
Status of Other Accused
The ruling also mentioned that the other accused person in the case is reportedly also on bail.
The Guwahati High Court, Kohima Bench, while ultimately granting bail to the accused petitioner in the alleged road rage death case, did so under strict conditions after determining his initial arrest to be illegal due to procedural lapses in informing him of the grounds for arrest, underscoring the judiciary’s commitment to upholding fundamental rights even while navigating serious criminal allegations.