Page No.# 1/4 GAHC020003042026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./6/2026 SHRI NEMI CHAND S/O TIKU RAM, R/O POSANI VILLAGE, SIKAR, RAJASTHAN, INDIA VERSUS THE STATE OF NAGALAND REPRESENTED BY THE P.P. NAGALAND. Advocate for the Petitioner : A. SOPHIE, MEDOKERHE,PHENIANG LUSHING,MHALE WEO,MEDO KIKHI Advocate for the Respondent : P.P, NAGALAND, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.05.2026 Heard Mr. A Sophie, learned counsel for the petitioner. Also heard Ms. S. Mere, learned Public Prosecutor. 2. This is an application under Section 483 of the Bharatiya Nagrik Suraksha Sanhita(BNSS), 2023 praying for release of accused Ram Gopal on bail in connection with Women P.S Case No. 02/2026, Page No.# 2/4 under Section 74/75(1)(i) Bharatiya Nyaya Sanhita(BNS). 3. The allegation is that on 07.02.2026 at about 1220 hrs a written First Information Report(FIR) was received from complainant namely, Kezuwe Tsuha (53 yrs) S/o: Neizu Tsuha V/O: Mesulumi PO/PS: Pfutsero P/Add: Pezielietsie stating that on 07.02.2026 around 0800 hrs at Pezielietsie colony, Kohima, a man by name Ram Gopal has sexually assaulted a girl (18yrs) of Merhema village and that Mr. Ram Gopal forcefully grabbed and kissed her. Fortunately, she managed to come out. Accordingly, Officer-in-Charge Women PS, Kohima was intimated and the case was registered vide Kohima Women PS vide Case No. 0002/26 under Sections 74/75 (1)(i) Bharatiya Nyaya Sanhita(BNS) on 07.02.02026 and endorsed to the I.O concerned for further investigation. 4. Learned counsel for the petitioner, by referring to the notice under Section 47 of the Bharatiya Nagrik Suraksha Sanhita(BNSS), submits that although the said notice has been served upon him, the same is written in the English language, which the petitioner does not understand. In this regard, the learned counsel has referred to the arrest memo, wherein it is mentioned that the languages/dialects known to the petitioner are Hindi, Rajasthani and Page No.# 3/4 Nagamese only. 5. A perusal of the “Arrest Information to the Family” document annexed to the instant petition does not disclose any grounds of arrest, as having been communicated to the family/ members/relatives/friends of the accused person, as mandated in Vihaan Kumar vs. State of Haryana & Anr., (2024) SCC OnLine SC 269. 6. Learned Public Prosecutor submits that the records may be called for in order to verify the aforesaid facts. However, having regard to the nature of the allegations and the period of detention of 90 days as well as the fact that the investigation has been completed, and charge-sheet has been submitted, I am inclined to hold the view that further detention of the petitioner is not necessary. Accordingly, the prayer for bail is allowed. 7. The accused, namely, Shri Ram Gopal, shall be released on bail of Rs. 50,000/- with two lical sureties of each like amount, to the satisfaction of the Principal District & Sessions Judge, Kohima, subject to the condition that the petitioner shall not try to influence or intimidate the witnesses in any manner and shall regularly appear at the trial, if one commences, and shall not leave the jurisdiction of Page No.# 4/4 the Principal District & Sessions Judge, Kohima without leave of the Court. 8. The bail petition stands disposed of as allowed. Sd/- JUDGE Comparing Assistant