Manipur High Court
Hanglem Thoiba Meitei vs National Investigation Agency (Nia) on 26 February, 2026
Digitally signed
KABORAMBA by KABORAMBAM
M SANDEEP SANDEEP SINGH
Date: 2026.02.26
SINGH 19:43:10 +05'30'
Sl. No. 18
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Crl. A. No. 5 of 2026
Hanglem Thoiba Meitei, aged about 28 years, S/o
Hanglem Diben Meitei, R/O Khumujambam Meitei Leikai,
Churchandpur District, A/P Phubala Relief Camp,
Bishnupur District, Manipur
Appellant/Accused person
Vs.
National Investigation Agency (NIA), Imphal Branch, Lamphel,
Imphal West District, Manipur - 795004
Respondent
BEFORE
HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH
(ORDER)
(Order of the Court was made by M. Sundar, CJ)
26.02.2026
[1] Captioned Criminal Appeal (Crl. A) is a statutory appeal
under Section 21 of ‘the National Investigation Agency Act, 2008 (34 of
2008′) (hereinafter, ‘NIA Act‘ for the sake of brevity, convenience and
clarity).
[2] Captioned Crl. A. has been filed assailing ‘an order dated
22.12.2025 made in Crl. Misc. B. Case No. 440 of 2025’ on the file of
‘the Court of Special Judge, NIA Special Court-I’. This ‘22.12.2025 order’
shall be referred to as ‘impugned order’ and ‘the Court which made the
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impugned order’ shall be referred to as ‘said NIA Court’ (both for the
sake of clarity and convenience). To be noted, in and by the impugned
order, said NIA Court has rejected appellant’s bail application.
Aggrieved, appellant is before this Court vide captioned Crl. A.
[3] Factual matrix in a nutshell is that appellant was arrested
on 17.06.2025, he was in police custody till 21.06.2025 and he is in
judicial custody thereafter; that after registration of FIR being FIR No.
80(11)2024 on the file of Jiribam Police Station, Manipur, pertaining to
the alleged murder of a woman at Jairolpokpi (Zairawn), Jiribam, the
matter was handed over to NIA which registered an FIR under Section
173 of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)’
[hereinafter ‘BNSS’ for the sake of brevity and convenience] and this
FIR dated 13.11.2024 is on the file of NIA Imphal Police Station (Imphal
West District) and this FIR bears No. RC-13/2024/NIA/IMP for alleged
offences under Sections 103(2), 64(1), 324(5), 331(4) & 3(5) of
‘Bharatiya Nyaya Sanhita, 2023 (45 of 2023)’ {‘BNS’ for the sake of
brevity}, Section 25(1-A) of the Arms Act, 1959 and Section 20 of the
‘Unlawful Activities (Prevention) Act, 1967 (37 of 1967)’ (hereinafter
‘UAPA’ for the sake of brevity and convenience); that thereafter,
appellant filed ‘a bail application’ (‘1st Bail Application’ for the sake of
convenience) vide Cril. Misc. (B) Case No. 357 of 2025, the same was
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dismissed by said NIA Court; that thereafter, appellant filed ‘another
bail application’ (‘2nd bail application’ for the sake of convenience) vide
Cril. Misc (Bail) Case No. 440 of 2025 which has been dismissed by said
NIA Court vide impugned order; that appellant has also filed Cril. Misc.
Case 446 of 2025 resorting to Section 343 of BNSS for tender of pardon;
that in the 2nd bail application, learned Public Prosecutor of NIA has
categorically and unambiguously submitted that he has no objection for
the bail prayer of applicant and this has been recorded by said NIA
Court in paragraph 4 of the impugned order; that notwithstanding the
position that NIA Public Prosecutor said no objection to 2nd bail
application, said NIA Court rejected the 2nd bail application primarily on
the ground that tender of pardon is yet to be granted and on an
interesting reasoning that there is no provision for relaxation qua
43D(5) of UAPA i.e. relaxation akin to Section 37 of ‘Narcotic Drugs and
Psychotropic Substances Act, 1985 (61 of 1985)’ {‘NDPS Act‘ for the
sake of brevity}; that the captioned statutory appeal is now before this
Court.
[4] Mr. Th. Loyangamba, learned counsel on record for
appellant is before this Court.
[5] In the light of the said NIA Court having rejected the 2nd
bail application inter alia on the ground that tender of pardon is yet to
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be granted, notwithstanding NIA Public Prosecutor saying no objection
to grant bail, issue notice.
[6] Mr. Nongdamba Naorem, learned counsel, accepts notice
for lone respondent NIA and Kh. Samarjit, learned senior counsel and
learned Deputy Solicitor General of India (DSGI) appears on his behalf.
[7] This Court, with the consent of learned counsel on both
sides took up the main Crl. A.
[8] At the outset, Mr. Kh. Samarjit, learned senior counsel and
learned DSGI, on instructions, very fairly submitted that he reiterates
the stand of learned Public Prosecutor for NIA in the said NIA Court i.e.,
the stand that there is no objection for grant of bail to appellant. All
that learned DSGI submitted is suitable bail conditions at the discretion
of this Court may please be imposed.
[9] This Court carefully considered the case file and this Court
finds that post impugned order, i.e., post 22.12.2025, the application
filed by appellant for tender of pardon being an application under
Section 343 of BNSS has also been accepted by the said NIA Court in
and vide an order dated 29.12.2025. In this view of the matter, the
primary plank on which the impugned order is predicated i.e., pardon
is yet to be granted also pales into insignificance. Owing to learned
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Solicitor appearing for respondent NIA saying no objection it is really
not necessary to examine the second reasoning of said NIA Court that
there is no relaxation provision akin to NDPS Act qua Section 43D(5) of
UAPA. Therefore, this coupled with the fair stand of learned DSGI that
respondent has no objection for grant of bail and reiterating the no
objection stand of learned NIA prosecutor in said Court, we make the
following consent order:
(i) The impugned order being order dated 22.12.2025 made
by the Court of Special Judge, NIA Special Court-I in Cril.
Misc. (B) Case No. 440 of 2025 is set aside;
(ii) Appellant is granted bail on the following conditions:
(a) Appellant shall execute a bond and furnish 2 (two)
sureties for a like sum of Rs. 10,000/- (Rupees
Ten Thousand) only each to the satisfaction of the
Court of Special Judge, NIA Special Court-I,
Manipur;
(b) After coming out of jail, appellant shall stay in
Manipur and not leave the State of Manipur
without prior leave/permission of Trial Court i.e,
the Court of Special Judge, NIA Special Court-I,
Manipur (said NIA Court);
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(c) Appellant shall appear and sign before said NIA
Court every first Monday of every English calendar
month and as and when required by the said NIA
Court. If the first Monday of a English Calendar
month happens to be a public holiday (holiday for
said NIA Court) then such appearance and signing
shall be on the next working day of said NIA
Court;
(d) Appellant shall surrender his passport (if any)
before the said NIA Court and if he does not hold
a passport, he shall file an affidavit to that effect
in the form that may be prescribed by the said NIA
Court. In the latter case, if the said NIA Court has
reason to doubt the accuracy of the statement, it
shall write to the Passport Officer concerned to
verify the statement and the Passport Officer shall
verify with his record and send a reply within a
fortnight from date of receipt of query from said
NIA Court. If Passport Officer fails to reply within
the said period, said NIA Court will be entitled to
act on the statement of the appellant;
(e) Appellant shall co-operate with the investigation;
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(f) Appellant shall not tamper with evidence and/or
indulge in any other activities which are in the
nature of impeding the investigation process;
(g) Appellant shall inform said NIA Court the address
where he resides and if he changes his address,
he shall promptly inform and give details of new
address to said NIA Court;
(h) Appellant shall also ensure that his mobile phone
remains active and charged at all times so that he
remains accessible over phone throughout the
period he remains on bail.
[10] Captioned Crl. A. is allowed and ordered as above.
JUDGE CHIEF JUSTICE Sandeep FR/NFR PS I : Upload forthwith
P.S II: All concerned will remain bound by this order as uploaded
in the official website of High Court
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