Page No.# 1/6 GAHC030003042025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./19/2025 Sh. Malya Durga Prasad S/o Malya Shiva Shankar, Miyapuram, Wanaparthi Dist., Telangana. P/A Mizoram University Complex, Tanhril, Mizoram VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : A H Borbhuiya Advocate for the Respondent : P.P./Addl.PP, Mizoram B E F O R E HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.06.2025 Heard Mr. A H Borbhuyia, learned counsel appearing for the petitioner as well as Ms. Mary, learned Addl. Public Prosecutor of the State of Mizoram. This is a bail application filed by the petitioner namely; Sh. Malya Durga Prasad, who was arrested in connection with All Women P.S Case No. 1/2025 registered under 127(2)/64(1)351(2) of BNSS, 2023. 2. The brief case of the prosecution against the petitioner is that an FIR was Page No.# 2/6 submitted by the informant stating inter alia that on 31.12.2024 at around 10:00 pm, she went to the hostel of Mizoram University (MZU) to have dinner with the petitioner, who is also the student of the same University and staying in the said hostel, the petitioner locked the door from inside and when she tried to leave his room, he assaulted her by hitting her on her face and subsequently raped. The victim also stated that the entire act was videograph and the petitioner threatened her to kill if she discloses the fact to anyone. On the basis of the said FIR, the aforesaid All Women Police case was registered and the Police investigated the same and submitted charge-sheet, vide Charge-Sheet No. 11/2025 dated 04.03.2025. The Police, during investigation, recorded the statement of the victim wherein, the victim stated that she went on her own volition to the hostel to have dinner with the petitioner since she knows the petitioner through her Rakhi brother, who was a research scholar at the same University. During her statement, she also stated that she met the accused person for the first time on 18.12.2024 at his brother’s rented room. She also stated that her brother shifted to another room to which she helped and after shifting was over, the applicant took her to somewhere and bought some liquor. She then stated that the applicant invited to his room to have dinner and that although she did not agree in the beginning but upon his insistence, she went to have dinner with him. 3. She therefore stated that before having dinner she and the applicant had some alcohol and that thereafter, the applicant asked her some personal questions and then grabbed her and forcefully raped her inside the room. She also stated that she screamed out for help but no one came since most of the hostellers had left for New Year’s celebration. She then stated that after detaining her for about 4 hours, the petitioner dropped her to her hostel and Page No.# 3/6 threatened her that if she tells the incident to anyone, he will post the video that he recorded, in social media sites and at porn sites. The victim on reaching her hostel informed her brother as well as her friend and finally lodged the FIR. The Police had sent the undergarment of the victim to Forensic Science Laboratory (FSL) for examination and the report which was furnished on 27.01.2025 revealed that the semen stains found in the underwear of the victim was that of the petitioner. The Police arrested the accused on 01.01.2025 and recorded his statement wherein, he stated that on 18.12.2024, he had party with his friends in his senior’s room and in that party the victim came and they become close to each other and as such, he on 31.12.2024 invited her for dinner and that during the dinner they had alcohol and he forcefully removed her clothes and raped her inside the room. 4. On the basis of the aforesaid materials on record, the Police submitted charge-sheet under Section 127(2)/64(1)/35(2) of BNSS with the finding that a case is well established against the petitioner. A bail application was moved before the learned Addl. District & Sessions Judge-III, Aizawl Judicial District, Aizawl and the learned Trial Court vide Order dated 14.05.2025 rejected the bail application, on the ground that although the petitioner had prayed for bail in order to appear in his examination since he was a student, no examination form was submitted by him. 5. Mr. A H Borbhuiya, learned counsel appearing for the petitioner submits before this Court that the petitioner is a student and he is pursuing his course in B. Tech in Mizoram University and was supposed to appear in his 6th Semester which had started from 16th March, 2025. He further submits that although the examination is over by now but then he pleaded that the petitioner would be Page No.# 4/6 allowed to appear in a supplementary examination to be held by the MZU. He also submits that the trial is on and the petitioner would fully corroborate with the trial but since he is a student, he may be allowed to go on bail and appear in his examination, otherwise his future will get spoiled. Per Contra, Ms. Mary L Khiangte, learned Addl. Public Prosecutor submits that there is nothing on record to show that the accused has filled up his examination form to appear in his 6th Semester examination as mentioned above. She further submits that seeing the merits of the case the petitioner has no chances of acquittal from the instant case. 6. I have heard the submissions made by both the parties and examined the records of the case. 7. From the evidence on record i.e., the statement of the victim, the statement of the applicant, the statement of the brother of the victim, the seizure witnesses as well as the FSL report, this Court finds enough materials against the petitioner. However, on the fact that the petitioner is a student and was pursuing his degree in the MZU and had completed 5 (five) semester and was suppose to appear in his 6th semester the bail of the petitioner may be considered for interest of justice. Further, the Police has completed the investigation and submitted the charge-sheet and the trial is on. The complicity of the petitioner would be examined and decided upon during the trial. There is also a prayer made by the learned Addl. Public Prosecutor, State of Mizoram that he can be allowed to appear in the examination from the Jail by making the necessary arrangement but the same would not be feasible and would not be very reasonable for the petitioner to fairly appear in the examination. This Court, for the future of the petitioner, is inclined to enlarge the petitioner on bail Page No.# 5/6 during the trial. 8. The petitioner may, therefore, be allowed to go on regular bail by furnishing a bond of Rs. 20,000/- with two local sureties who are permanent resident of Mizoram, duly certified by the Local Council authority concerned to the satisfaction of the learned Addl. District & Sessions Judge-III, Aizawl, Mizoram. The above bail is subject to the following conditions:- (1) The petitioner would appear before the learned Trial Court as and when called for. (2) The petitioner would not leave the jurisdiction of the Trial Court concerned with the permission of the said Court. (3) The petitioner would not influence, threaten any of the witnesses connected with the case. (4) The petitioner would not approach or go near the victim under any circumstances and even near the girls’ hostel. (5) The petitioner shall not hamper or temper with the evidence on record. 9. The Bail Application is disposed of. JUDGE Page No.# 6/6 Comparing Assistant