Page No.# 1/5 GAHC020004812026 2026:GAU-NL:518 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./16/2026 MR. TSALIMBA S/O YANGSETHRI, V/O OLD RISETHSI, KIPHIRE, NAGALAND VERSUS THE STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE PUBLIC PROSECUTOR, GOVT. OF NAGALAND 2:MR. SANSUMONG (FATHER OF THE VICTIM) R/O ANATONGRE VILLAGE KIPHIRE NAGALAND 3:THE OFFICE OF THE CHILD WELFARE COMMITTEE KIPHIRE NAGALAN Advocate for the Petitioner : TOSHITEMJEN PONGENER, MERENWATI Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 29.09.2026 Page No.# 2/5 1. The instant application under Section 483 of the BNSS, 2023 has been preferred by the Petitioner, who is the brother of the Accused, Mr. Setongpi. The Accused is in custody for the offence under Sections 64(1)/65(1), BNS, 2023 read with Section 6 of the POCSO Act, 2012. 2. It is the case of the Petitioner that the Accused was arrested on 12.07.2025 in connection with Kiphire Women Police Station Case No. 3/2025 corresponding to G.R. Case No. 15/2025. 3. Learned counsel for the Petitioner submits that the Accused was arrested on 12.07.2025 and he has been in custody since then. It is stated that the investigation has already been completed and the chargesheet has been submitted on 06.09.2025 and, thereafter, the charge was framed against the Accused and the trial has commenced. 4. It is submitted that all the material witnesses have been examined and the only witness left to be examined is the Investigating Officer. He, therefore, submits that allowing the Accused to be released on bail at this stage would not hamper the expeditious disposal of the trial and there is no apprehension of influencing the witnesses by the Accused and there is no likelihood of tampering with the evidence at this stage as the victim has also been examined already. 5. Learned counsel further submits that the Accused had filed 3 [three] bail applications before the learned District & Sessions Judge, Kiphire and all the applications have been dismissed by the Court below. 6. It is the further submission of the learned counsel that the Accused is Page No.# 3/5 a permanent resident of Kiphire. Hence, there is no flight risk and that he is ready to furnish any reliable surety to the satisfaction of the Court and undertakes that he will appear before the Court as and when called for. 7. Another submission which has been made by the learned counsel for the Petitioner is that during the pendency of this case, a compromise had been arrived at between the victim’s father and the Accused and in pursuance of the same, the father of the victim has written a letter to the Trial Court praying for withdrawal of the FIR lodged by him before the Women Police Station, Kiphire, Nagaland. 8. Learned counsel has relied on the order dated 19.09.2022 passed by a Coordinate Bench of this Court in Bail Appln./228/2022 and the order dated 06.03.2019 passed by another Coordinate Bench in Bail Appln./342/2019 wherein the accused/petitioner had been released on bail on the ground that he had been in custody for a long time and on the ground that there is no likelihood of the accused interfering with the investigation. 9. Learned counsel, Ms. Kainyü K., appears for the Respondent No. 2 and submits that the Respondent No. 2 has no objection if the Accused is released on bail. 10. Learned Public Prosecutor, Mr. Veto V. Zhimomi, has submitted a scanned copy of the Trial Court Records and basing on the same he has submitted that the deposition of the victim is very clear and unambiguous and her deposition has not been demolished in the cross-examination. It has been proved that the provisions of Section 6 of the POCSO Act are Page No.# 4/5 attracted in the instant case which entails punishment of not less than 20 [twenty] years. He has also submitted that the Accused has been in custody only since 12.07.2025 and the trial is already at the concluding stage and, therefore, it is prayed that this application may not be allowed at this stage and the Accused may be directed to face the trial. 11. I have duly considered the submissions made by the counsel for the parties and perused the Trial Court Records. 12. This Court has also given its due consideration to the submission of the learned counsel for the Petitioner that a compromise has been arrived at between the parties during the pendency of the case. This Court is unable to accept this submission in the backdrop of the facts and circumstances of the instant case as the Petitioner is being tried under Section 6 of the POCSO Act, which is not compoundable and the compromise is between the Accused and the father of the victim and not the victim herself. 13. The facts of the case in the judgments relied upon by the Petitioner can be distinguished from the instant case inasmuch as in BailAppln./342/2019, it was found that the case fell within the purview of Section 7 & 8 of POCSO and since the Accused had been in custody for 136 [One Thirty-Six] days, the bail application was allowed. In Bail Appln./228/2022 also it is seen from the facts that the medical report did not reveal any sign of sexual intercourse and considering the length of the detention of the accused/petitioner, the bail application was allowed. In the instant case, however, this Court has gone through the deposition of Page No.# 5/5 the victim before the learned Trial Court. It is also an admitted fact that a child has also been born to the victim and, therefore, there can be no doubt that Section 6 of the POCSO Act can be invoked in the present case. It is also not disputed that the trial is now at the concluding stage and only the Investigating Officer is to be examined. The Trial Court is directed to conclude the trial expeditiously. 14. In view of the above facts and circumstances, the application is rejected. However, since the Petitioner has also raised the issue of illness, the Superintendent of District Jail, Kiphire is directed to provide necessary medical assistance to the Accused and, if required, take him to the nearest Government Hospital available for medical check-up. 15. The application stands disposed of. JUDGE Comparing Assistant