Page No.# 1/5 GAHC040001422025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/11/2025 Bondong Saring Son of Shri Ijing Saring, permanent resident of Rasing Village, PO and PS Dambuk, Lower Dibang Valley District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Jumgam Jini, Binter Picha,Gyamar Jeevan,Migo Laye,Tao Tarin,Taying Nega Advocate for the Respondent : P P of AP, -BEFORE- HON’BLE MR. JUSTICE KARDAK ETE 11.02.2025 Heard Mr. J. Jini, learned counsel for the accused applicant and also heard Ms. L. Hage, learned Addl. PP for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of privilege of pre-arrest bail to the accused applicant, namely Shri Bondong Saring in connection with Dambuk P.S. Case No. 01/2025 under Section 64/305 of BNS, 2023. Page No.# 2/5 3. An FIR was lodged by the victim girl on 04.01.2025 which is reproduced hereinbelow:- “The Officer-in-Charge, Women Police Station, Pasighat. Dated Pasighat the 4th January 2025. Sub:- FIR against one Shri Bondong Saring of Orange Valley Resort, Dambuk reg. Madam, While referring to the above subject, I have the honour to lodge this First Information Report (FIR) against one Shri Bondong Saring who is the Caretaker of Orange Valley Resort at Dambuk In Lower Dibang Valley District for allegedly raping me and attempting to murder me on the early morning time of around 4.00 AM on 2nd January 2025. That madam, I along with some of my friends namely, Ms Okenmang Tamuk and Bhaskar Pegu had gone to Orange Valley Resort, Dambuk in the evening of 1st January, 2025 as a New Year Celebration where we met Shri Indro Perme who was waiting us there. There in the evening we were also joined by Shri Miling Modi and one Shri Shine and together we celebrated the night in the resort. After the celebration, we went to sleep by around 3.00 AM on 2nd January, 2025 Iwas adjusted with Shri Miling Modi in the tent and at around 3.40 AM he left the resort. That madam, after Miling Modi left the resort, I was sleeping alone, then all of sudden I realized that someone forcefully held me tightly even pressing me on my neck by his elbow when I resisted him. As I was deeply asleep, I shouted out loud for help after knowing some was forcefully raping me taking advantage of my deep sleeping. By the moment I shout out loud that man left the tent where I was sleeping and he took away my pants, booth, mobile phone (Redmi A3 model with my sim No.7005491145). Before his leaving the tent where I was sleeping, I tried to identify him and asked who was he by grabbing him from his long hair and then he said my friend Miling Modi sent him. In those wee hours of morning, I cried out for help and searched for lost belongings of phone, pants and booths. Later, I found the pant from toilet septic tank area and my booths from cabin area of the resort. That madam, I recognized the man as one Shri Bondong Saring, the care Page No.# 3/5 taker of the resort who is said to be partner of the main resort owner. When we inquire about the matter, Shri Saring is behaving innocent and my phone is still in his possession. Therefore, I highly beg your good office to take an appropriate action against the one who raped without my consent and attempted to murder me by forcefully pressing me on my neck by elbow on the early morning hours of 2nd January 2025 for which act of kindness I shall ever remain thankful to you. This is for your kind information & necessary action please.” 4. Upon receipt of the said FIR, a case was initially registered Zero FIR as Pasighat Women P.S. Case No. 00/25 under Section 64/305 of BNS, 2023 and thereafter, the same was transferred to Dambuk Police Station. Accordingly, Dambuk P.S. Case No. 01/25 under Section 64/305 of BNS, 2023 has been registered. 5. Perusal of the FIR goes to show that the victim girl had lodged the FIR inter alia alleging that she was raped by the accused applicant on 02.01.2025 at about 04.00 AM. 6. Mr. J. Jini, learned counsel for the accused applicant submits that the allegations in the FIR are not true as subsequent to the lodging of the said FIR, the victim girl has filed withdrawal application before the Officer-in-Charge, Dambuk Police Station, wherein, she has stated that due to missing of her Mobile Handset from the resort and out of anger she had lodged the FIR alleging rape against the accused applicant. 7. The accused applicant approached the learned Sessions Judge, Tezu for pre-arrest bail which was rejected. While rejecting the bail application Page No.# 4/5 learned Sessions Judge has observed that the medical examination report of the victim is silent about any injury on sexual act on the victim. 8. Mr. J. Jini, learned counsel submits that since the victim has filed an application for withdrawal of the FIR, though not considered, the FIR lodged against the accused applicant is false. The victim girl having lost her Mobile Phone Handset, in fact, she demanded compensation from the accused applicant who is the Manager of the Resort where the victim girl stayed w.e.f. 01.01.2025 to 02.01.2025. He further submits that the accused applicant is extending co-operation in the investigation and ready to appear before the I.O. as and when directed to do so. 9. Ms. L. Hage, learned Addl. PP has produced the scanned copy of the Case Diary. 10. Pursuant to the interim bail granted vide order dated 29.01.2025, the accused applicant has appeared before the I.O. of the case and his statement has also been recorded. 11. Perusal of the materials on the case diary, shows that the statement of the victim girl under Section 183 of BNSS, 2023 has also been recorded, wherein, the victim girl has stated that she has mistakenly lodged the FIR against the accused applicant and she does not know who committed wrong against her. Moreover, the victim girl has filed an application for withdrawal of the FIR and also as per the observation of the learned Sessions Judge, Tezu, it appears that medical examination report of the victim is silent about any injury and recent sexual act on the victim. On consideration of the submissions of learned counsel for the parties and case diary, it appears that the said FIR is prima facie false Page No.# 5/5 although allegation is serious in nature as the victim subsequently stated that the FIR is mistakenly lodged against the accused applicant. 12. Having considered the materials in the Case Diary, I am of the considered view that the accused applicant is entitled to the privilege of pre-arrest bail. Accordingly, the interim pre-arrest bail granted vide order dated 29.01.2025 in connection with Dambuk P.S. Case No. 01/25 under Section 64/305 of BNSS, 2023 is hereby made absolute on the following condition:- (i) That the accused applicant shall co-operate in the investigation and shall appear before the Investigating Officer of the case as and when called for; and (ii) that the accused applicant shall not directly or indirectly make any threat or inducement to the victim girl or/ any other person with the knowledge of the facts to dissuade from disclosing such fact. 13. The bail application stands allowed and disposed of. JUDGE Comparing Assistant