Page No.# 1/5 GAHC040010652025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/79/2025 Techi Anil Son of Late Techi Laniang, a permanent resident of Village II Nirjuli, PO and PS Nirjuli, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : N Rama, Dindo Boni,T Rahul,Teshi Aaku,N Kuma,N Kanu,P Tatam Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 03-07-2025 Heard Mr. N. Rama, learned counsel for the accused. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State of Arunachal Pradesh. 2. This is an application filed under Section 483 of the BNSS, 2023, for grant of regular bail to the accused, namely, Techi Maj, in connection with Itanagar Women Police Station Case No. 39/2025, under Sections 64/126/127/115(2) of Page No.# 2/5 the BNS, 2023. 3. The fact of the case, as narrated in the FIR, is that the victim and the accused were in a relationship prior to the incident and that on 31.05.2025 at around 5.00 PM, the accused confronted the victim and told her that they had to discuss on certain aspects and that she refused to speak with him, but however, the accused dragged her and made her sit in his Scooty and took her to his room, despite her protest. She further stated that when she reached his room, the accused dragged her and by locking the door, tried to sexually assault her and when she protested and tried to escape, the accused assaulted her by slapping and by pulling her hair, due to which the victim stated that she was injured in her ears. She also stated that the accused forcefully raped her without her consent and kept her in his room and that on the next day, the accused took her to the hospital for treatment. 4. The Police on receipt of the FIR, registered the case as Itanagar Women Police Station Case No. 39/2025, under Sections 64/126/127/115(2) of the BNS, 2023. 5. Mr. Rama, learned counsel for the accused submits that the accused and the victim were in relationship and since, the victim was ignoring him, the accused went to confront the victim and to discuss about their relationship and that he took her to his room for that purpose and when they were discussing, the accused saw the cell-phone of the victim ringing and on being infuriated, thinking that the call was from her friend with whom she has established some relationship, there was a fight and in that fight, the victim got injured, for which he took her to the hospital. 6. Mr. Rama, the learned counsel also submits that thereafter, the accused Page No.# 3/5 was visiting a hospital for treatment and during the said visit, he met the victim and spoke to her but one fine day, when he was speaking to the victim, the Police came and arrested him and then he came to know that the victim had lodged an F.I.R. against him on 02.06.2025. The accused was arrested on 04.06.2025 and since then, the accused is inside the jail. 7. On the other hand, Ms. L. Hage, learned Additional Public Prosecutor, by placing the Case Diary, submits that the victim had stated in similar terms before the Police Officer, inasmuch as, that she was raped by the accused on the said fateful day. She had also stated before the Magistrate that the accused had raped her on the said day. She, as such, stated that the bail may not be granted to the accused. 8. I have heard the learned counsels appearing for the parties and also perused the materials available on record, including the Case Diary. 9. It is noticed from the F.I.R. that the accused and the victim were in relationship for quite some time but the victim stopped communicating with the accused subsequently and therefore, the accused on 31.05.2025, went to confront the victim about her conduct towards him. It is also noticed that even though the victim has alleged commission of rape upon her by the accused, but she stayed in the night with him in his room and that on the next day, it was the accused who took the victim to the hospital for treatment as there was scuffle between the accused and the victim and the victim sustained some injuries. 10. The victim in her statement before the Police had also stated that when the accused came to confront her and wanted to take her, she went with him and she further stated that despite her resistance, the accused forcefully had sexual intercourse with her, to which she repeatedly told him to stop and reminded him Page No.# 4/5 that they were no longer in a relationship. She also stated that it was the accused who took her to the hospital. In her statement before the Magistrate, she admitted that they were in a relationship and that she went to the victim's place when he wanted to take her by sitting on his scooty and also, stated that he forcefully had sex with her but she reminded him that they were no longer in a relationship. 11. It is noticed that the victim and the accused were in a relationship and when the victim wanted to stop the relationship, the accused confronted her and there was a scuffle and the victim got hurt and it was the accused, who took her to the hospital. 12. In view of the above, this Court enlarges the accused, namely, Techi Maj, in connection with Itanagar Women Police Station Case No. 39/2025, under Sections 64/126/127/115(2) of the BNS, 2023, on bail on furnishing a bail bond of Rs. 20,000/- (Thiry Thousand), with 2 (two) local sureties of like amount to the satisfaction of the learned Judicial Magistrate First Class, Yupia, subject to the following conditions: (i). That the applicant shall co-operate in the investigation of the case and appear before the Investigating Officer as and when called for and give his statement to the said IO; and, (ii). That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts either to the Police Officer or to the Court. (iii). That the applicant shall not leave the jurisdiction of the Judicial Magistrate First Class, Yupia, without the leave of the Court. Page No.# 5/5 13. The bail application stands disposed of. JUDGE Comparing Assistant