Bail rejected
13-Oct-2020
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IMPHAL, Oct 12 : Special Judge NIA Manipur has rejected the bail application filed by the Chairman of NSCN (K) Chandel, Kumlo Abi Anal (44), S/o (L) Kumlo Khunjo of Lambung village Chandel in connection with Paraolon Chandel ambush case.
The rejection order was announced today in an open Court after the order was reserved on October 7 after final hearing of the bail application filed by Kumlo Abi Anal through his Counsel.
Moving the bail application, the counsel submitted that the accused was arrested in connection with the ambush on June 11, 2015 on the accusation that he had committed the offence and has been in custody till date and that the charges under Section 18 and 20 of the Unlawful Activities (Prevention) Act were framed against him on April 16, 2016, however, some of the materials and evidence so far made known by the prosecution do not establish prima facie case against the accused.
It further claimed that the prosecution had concealed the statement of some witnesses and charges were framed without him being heard properly because the allegation made against Kumlo Abi Anal by the witnesses were not made known to him during the framing of charges and that the prosecution (NIA) furnished the statement of only two of the six witnesses after four years of framing the charges. This amounts to an unfair trial.
The Counsel also submitted that the accused was chained to his bed during his stay at JNIMS in April 2019 for surgery.
On the other hand, Special PP NIA submitted that on June 4, 2015, at around 8.15 am, 4 army vehicles carrying supplies and stores of 6 Dogra Army Regiment along with 46 army personnel were ambushed between Moltuk and Paraolon village by a group of 20 armed cadres of NSCN-K, in association with other underground militant outfits operating at Myanmar border such as KYKL, KCP Noyon and in the said ambush 18 army personnel were killed and 15 others grievously injured.
Special PP also submitted that so far 25 witnesses were examined and the proceeding of the case was halted due to the lockdown.
Special PP also prayed for dismissing the 4th bail application filed.
Special Judge after hearing both the parties observed the accused must show changed circumstances of facts other than the one already claimed in previous bail applications.
The Court further observed that the charges framed against the accused are very serious and there is also a high possibility of him absconding if released on bail.
The Court concluded that there is no ground for releasing the accused on bail and hence dismissed the bail application.