Page No.# 1/6 GAHC030004172025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./28/2025 Sh. Henry Biakthansanga Armed Veng, Aizawl, permanent resident of Kahrawt, Champhai VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Mrs. H Lalmalsawmi Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 01.08.2025 Heard Mrs. H. Lalmalsawmi, learned counsel appearing for the accused/petitioner. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagraik Suraksha Sanhita, 2023 (in short ‘BNSS’) praying for grant of bail by the Page No.# 2/6 accused, in connection with All Women PS Case No. 9/2025 registered under Section 64(1)/127(2) of Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’). 3. The FIR lodged on 13.02.2025 reflects that on the same day, i.e. 13.02.2025, at around 1:30 pm, the petitioner called the victim to his house at Armed Veng, Aizawl and that the victim visited his house at around 4:30 pm. On arrival of the victim, the petitioner invited her inside his rented house and upon reaching the inside of the said house, the petitioner locked the door from inside and although the victim requested him to let her go, the accused made her drink alcohol and pushed her on the bed and raped her. 4. On receipt of the said ejahar, the Police registered the case under Section 64(1)/127(2) of BNS. 5. During the investigation, the Police recorded the statement of the victim in which the victim stated that she knew the accused since long and that she had given her phone number when the petitioner met her while she was selling vegetables on the road. She further stated that on 13.02.2025 i.e. on the same day of the incident at around 4:30 pm, she went to the house of the petitioner as he invited her to his new rented house. She thereafter stated that when she was inside the house of the petitioner, the petitioner latched the door from inside and told her to have some alcohol and that after they had a drink; the petitioner forcefully raped her by pushing her down on the bed. She then stated that she could however then managed to escape from the clutches of the petitioner or the pretext of fetching water from outside. Page No.# 3/6 6. During the investigation, the victim was sent for her medical examination to the Civil Hospital, Aizawl and that the Medical Report showed that the victim’s hymen is not intact and some minor abrasions were seen at posterior fourchette. 7. The petitioner had also sent, apart from the said medical examination, the underwear of the victim, vaginal swab of the victim, liquid blood sample of the victim and the liquid blood sample of the petitioner for examination by the Forensic Science Laboratory (FSL). 8. The Report was received and the report showed that the stains found in Exhibit-A i.e. the underwear of the victim with suspected seminal stains and the vaginal swab of the victim with suspected seminal stains were that of the accused. 9. During investigation, the petitioner was also examined and he stated before the Investigating Officer that he had called her saying that he had a stag of whiskey and invited her to his place and on invitation, she went to his house at around 5:30 pm on the said date and when they were in the house, the petitioner locked the door and both had liquor and at that juncture, the petitioner and the victim had sexual intercourse. The petitioner however stated that the victim requested him to leave her and that she wanted to go home. He thereafter stated that the victim went out and he did not know where she had gone. 10. On completion of the investigation, the Police submitted chargesheet against the petitioner under Section 64(1) and Section 127(2) of the BNSS, 2023. Page No.# 4/6 11. Mrs. H. Lalmalsawmi, learned counsel appearing for the petitioner submits that after submission of the chargesheet, the petitioner moved a bail application before the Fast Track Special Court (Rape and POCSO Act), Aizawl, and the Court vide Order dated 05.05.2025 on the arguments made by Addl. Public Prosecutor that there are chances for tampering of the evidence as both the accused and the victim were known to each other and also that the accused can jump bail which will have adverse effect on the proceedings of the case, the learned Court observed that there is danger of tampering evidence if the accused is released on bail as the case was at initial stage of the trial proceeding and as such, the bail was rejected. 12. The petitioner has thereafter approached this Court for bail on being accused of the aforesaid offences. 13. Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor submits that it is an admitted fact that the petitioner called the victim to his house as they knew each other from before and on reaching the house of the petitioner, the petitioner had locked the door and made the victim have some alcohol and thereafter, raped her which the petitioner also have admitted in his statement before the police. 14. I have heard the counsels for both the parties and I have also perused the materials available on record including the Case Diary. 15. It is noticed from the records of the case and the statement of the victim that the petitioner has called the victim to his house as they knew each other from before. The victim had also given her statement stating that the accused had called her and she agreed and when she reached his place, Page No.# 5/6 the petitioner locked the door from inside. It is stated here that locking the door from inside is an usual phenomena when a guest goes to someone’s place. The victim had also stated that on being offered by the petitioner to have some alcohol they i.e. she and the petitioner had the drink and that thereafter he raped her, pushing her down on the bed. However, there is nothing on record that the victim shouted or there was any threatening on the part of the petitioner to the victim not to shout. She in fact admitted that they had liquor together on being offered. There is also nothing on record to show that she with great efforts left his house after the incident. 16. In the FSL report too, no clear findings were given in respect seminal stains found in the underwear of the victim inasmuch as the said seminal stains were stated to be suspected. The statement of the victim under Section 183 of the BNSS was also recorded by the learned Magistrate where she had made the same statement as she had made before the Police Officer. 17. It is further noticed that the accused was arrested on the day of the incident i.e. 13.02.2025 and as he has been inside the jail since then. 18. On the fact that the victim had voluntarily gone to the place of the petitioner on being invited, wherein, she had liquor with the petitioner on being offered by him and without there being any efforts on her part to shout and flee from the house of the petitioner, this Court is of the opinion that bail may be granted to the petitioner during the trial. 19. As such, the petitioner is granted bail on furnishing of a bail bond of Rs. 20,000/- (Rupees twenty thousand) with two local sureties of the like Page No.# 6/6 amount to the satisfaction of the Fast Tract Special Court, (Rape and POSCO Act), Aizawl. However, the bail is subject to the following conditions: 1) The petitioner will cooperate with the trial of the case and appear before the Trial Judge as and when called for. 2) The petitioner should not go near the victim or influence her or tamper with the evidence or influence any of the witnesses connected with the case. 3) The petitioner will not leave the jurisdiction of the Special Court without the leave of the same. 20. The Bail Application stands disposed of. 21. Send back the TCR. JUDGE Comparing Assistant