Manipur High Court
Shri Rajkumar Maipaksana vs National Investigation Agency (Nia) on 23 February, 2026
Author: A. Bimol Singh
Bench: A. Bimol Singh
Digitally signed by
KHOIROM KHOIROM
BIPINCHAN BIPINCHANDRA
SINGH Item No. 1 (Supplementary)
DRA SINGH Date: 2026.02.23
18:49:06 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRL. A. No. 7 of 2026
Shri Rajkumar Maipaksana, aged about 20
years, S/o RK. Gourasana, a resident of
Champa Nagar Makha Leikai, Jiribam District,
Manipur - 795116.
... Appellant
- Versus -
National Investigation Agency (NIA), Imphal
Branch, Lamphel, Imphal West District,
Manipur.
... Respondent
B E F O R E
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE A. BIMOL SINGH
O R D E R
[M. Sundar, CJ]
23.02.2026
[1] Captioned criminal appeal (Crl. A.) is a statutory appeal
under Section 21 of the ‘National Investigation Agency Act, 2008 (34 of
2028)’ {hereinafter ‘NIA’ for convenience}.
[2] Ms. G. Pushpa, learned counsel for appellant who is before
this Court submits that captioned appeal is directed against a ‘bail
rejection order dated 23.01.2026 made in Cril. Misc. (B) Case No. 433 of
2025’ on the file of ‘Court of Special Judge (NIA), Special Court – I,
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Manipur’ [‘impugned order’ and ‘said NIA Court’ both for the sake of
clarity].
[3] Issue notice. [4] Mr. Nongdamba, learned counsel accepts notice for lone
respondent i.e., NIA, Imphal Branch, Lamphel, Imphal West District,
Manipur and learned Deputy Solicitor General of India (DSGI) and learned
senior counsel Mr. Kh. Samarjit appears on his behalf.
[5] Short facts are that the appellant was arrested on
16.05.2025 for alleged occurrence on 07.11.2024; that a FIR bearing
reference No. 80(11)2024 JBM-PS dated 08.11.2024 on the file of Jiribam
Police Station, Jiribam District for alleged offence under Sections
103(2)/64(1)/324(5)/331(4)/3(5) BNS, Section 25(1-A) Arms Act and
Section 20 of UA (P) Act has been lodged qua alleged occurrence; that
the case is now in said NIA Court; that the appellant moved a bail
application vide Cril. Misc. (B) Case No. 433 of 2025 (filed on 06.12.2025
vide CNR No. MNIE010023842025); that the bail application came to be
rejected by the said NIA Court vide impugned order; that assailing the
impugned order, captioned statutory appeal under Section 21 of the NIA
has been filed.
[6] When the matter was taken up, it came to light that final
report/charge sheet has been filed on 04.11.2025 and the matter is now
scheduled to be next listed day after tomorrow (25.02.2026) in the said
NIA Court for charge consideration / charge framing. In the impugned
order, Ld. Judge of said NIA Court has held (particularly vide paragraph
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No. 12) that grant of bail at this stage is not possible on the ground that
the question as to whether the alleged offence mentioned in the charge
sheet are attracted will have to be considered at the time of charge
consideration i.e. framing of charge.
[7] In the aforesaid scenario, main criminal appeal was taken
up with the consent of both sides.
[8] Learned senior counsel for appellant and learned DSGI very
fairly consented to have the matter remanded to the said NIA Court for
consideration of appellant’s afore-referred bail application afresh after
charge consideration/charge framing and Ms. G. Pushpa, learned counsel
for appellant also fairly agreed to this course.
[9] In the light of the narrative thus far, the following consent
order is made:
(a) The impugned order dated 23.01.2026 made in Cril.
Misc. (B) Case No. 433 of 2025 on the file of Court
of Special Judge (NIA), Special Court – I, Manipur
is set aside without expressing any opinion on
merits, solely for the purpose of facilitating
consideration of bail application afresh (post charge
consideration / framing of charge);
(b) It is made clear that setting aside of the impugned
order will only revert the appellant to the position
ante i.e., position prior to the impugned order and
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it shall not be construed as grant of bail by this
Court;
(c) Though obvious it is made clear that this Court has
not expressed any view or opinion on the merits of
the matter and all questions are left open for the
said NIA Court to consider the bail application
afresh on its own merits and in accordance with
law;
(d) The said NIA Court i.e. Court of Special Judge (NIA)
Special Court – I, Manipur shall take up the
appellant’s bail application in Cril. Misc.(B) Case No.
433 of 2025 (filed on 06.12.2025 vide CNR No.
MNIE010023842025) after charge
consideration/framing of charge either on
25.02.2026 or any other date when charge
consideration is made / charges are framed,
consider the bail application afresh and pass an
order on its own merits and in accordance with law
obviously after giving an opportunity to respondent
NIA and such consideration of bail application in
Cril. Misc.(B) Case No. 433 of 2025 2025 (filed on
06.12.2025 vide CNR No. MNIE010023842025)
shall be (on its own merits in accordance with law)
untrammeled by setting aside of the impugned
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order vide instant order which has been done by
counsel solely for the purpose of facilitating the de
novo legal drill;
(e) We request the said NIA Court to decide charge
consideration/framing of charges as well as the bail
application afresh as expeditiously as the official
business of the Court would permit;
(f) As regards injury for the appellant and the appellant
being taken into Jawaharlal Nehru Institute of
Medical Sciences (JNIMS), Porompat on 13.02.2026
and being advised for MRI, said NIA Court shall look
into the matter on 25.02.2026 and give necessary
directions (if required) at the discretion of said NIA
Court.
[10] Captioned criminal appeal disposed of in the aforesaid
manner with observations and directives as above. There shall be no order
as to costs.
JUDGE CHIEF JUSTICE
FR/NFR
Bipin
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