Page No.# 1/5 GAHC040005832026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/37/2026 Tatung Tania aged about 42 years, S/o Late Tatung Tarak, a permanent resident of village Tungmar, PO/PS Tali, District Kra Daadi, AP and presently residing at village Rayo, PO/PS Nirjuli, District Papum Pare, AP VERSUS THE STATE OF AP represented by the Public Prosecutor Advocate for the Petitioner : , Tadu Tamin,S Bayor,T Kumar,Pramod Kr. Gour Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11-05-2026 Heard Mr. P. K. Gour, learned counsel for the applicant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 483 of BNSS, 2023 praying for enlargement of the accused on bail in connection with Raga P.S. Case No. 04/2026 under section 126(2)/351(3)/64(1) BNS, 2023, read with Page No.# 2/5 Section 27(1) of Arms Act. 3. The applicant in the instant case is the brother-in-law of the accused person and he has been authorised by accused person to file and move the instant bail application on his behalf. 4. The prosecution story in brief is that on 15.03.2026 an FIR was lodged by Miss Nanu Naji (informant), alleging, inter alia, that on 14.03.2026, when she was coming home, the accused asked her that there was some work and requested her to come with him; that the accused snatched away her mobile and then forced her to get into the car and drove 4 Km away from Daporijo HQ under Gepen Circle Kamle District and after taking out his revolver and threatening her, he raped her; that even after begging, he did not leave her and after committing the rape, the accused threatened her not to disclose the incident to anyone including the police or else, would face with dire consequences; that after crying and begging, the accused freed her at 2 am on 15.03.2026; that thereafter, she narrated the entire incident to her sister. 5. In view of filing of the FIR, the police registered a case being Raga P.S. Case No.04/2026 under Section 126(2)/351(3)/64(1) of BNS, read with Section 27(1) of Arms Act. During the investigation, the accused person was arrested on 15.03.2026 and since then, he is inside the judicial custody. 6. Mr. P. K. Gour, learned counsel appearing for the applicant submits that in the instant case, while arresting the accused person, the mandates Page No.# 3/5 of BNSS were not complied with by the arresting authority thereby, illegally arrested the accused person. He submits that though an arrest memo under Section 35 of BNSS was received by him, no grounds of arrest have been mentioned in the ground of arrest. He further submits that there was no compliance of Section 47 and 48 of BNSS, to the effect that no notices under Section 47 and 48 of BNSS, were issued to either the accused person or any of his relatives. He submits that there is a clear violation of the mandates of the Hon’ble Supreme Court as well as statutory provisions of the BNSS. In view of the aforesaid, he submits that since the arrest being not in terms of the statutory provisions of BNSS as well as the mandates of Hon’ble Supreme Court, the accused person, who is already behind the bar for more than one and half months should be released on bail on those grounds alone. 7. Mr. G. Tado, learned Additional Public Prosecutor for the State, on the other hand, submits that the offence relates to a heinous crime of rape and therefore, he should not be granted bail, at this stage. 8. Scanned copy of the case diary in the instant case has been received and the same is produced before the Court. 9. This Court has heard the submissions made by the counsel appearing for the respective parties and has also perused the case diary produced before this Court. On perusal of the case diary, it is found that no notice under Sections 47 and 48 of BNSS has been issued to the accused person or any of his relatives in terms of the provisions of BNSS. This is a settled position of law that the Hon’ble Apex Court in catena of cases including Vihaan Kumar. Vs. State of Haryana, reported in 2025 INSC 162, Page No.# 4/5 Pravir Purkayastha Vs. State (NCT of Delhi) reported in 2024 Supreme (SC) 463 as well as Mihir Rajesh Shah Vs State of Maharashtra and Ors reported in 2025 SCC Online SC 2356 have categorically held that non-service of notice under Section 47 BNSS, 2023 to the arrestee is in violation of the mandate of the provisions of Section 47 of the BNSS, which makes the arrest illegal thereby, providing an indefeasible right to bail to the arrested person. 10. The fundamental rights are paramount under the Constitution of India. Article 21 provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Personal liberty, thus, is a sacred and cherished right under Constitution of India. Article 22 of the Constitution of India, further strengthens the protection of personal liberty to person by providing that the person arrested must be informed of grounds of his arrest at the earliest and should not be detained without informing of such grounds. 11. Having found prima facie violation in the arrest of the accused person in service of notice under Section 47 of BNSS, 2023, this Court does not feel any requirement to examine the merits of other arguments of the learned counsel for the accused person above Section 47 notice of BNSS, 2023. 12. In view of the aforesaid discussions and findings, this Court directs that the accused person shall be released forthwith on furnishing a bail bone of Rs.50,000/- with 2(two) sureties of like nature to the satisfaction of the learned Chief Judicial Magistrate, Ziro subject to the following Page No.# 5/5 conditions: i) That the accused shall appear before the Investigating Officer as and when required; ii) That the accused shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the investigating authority; iii) That the accused shall provide his contact details including photocopies of his Aadhar card or Pan card as well as mobile numbers and other contact details before the Chief Judicial Magistrate, Ziro. iv) That the accused shall not try to come in contact with either the victim or any of the family members of the victim girl; and v) That the accused shall not commit any offence while on bail. 13. In view of the aforesaid directions, the instant bail application stands disposed of as allowed. 14. Case diary to be returned. JUDGE Comparing Assistant