Bail Appln./13/2026 of KUKHRUSUYI Vs THE STATE OF NAGALAND on 17 June 2026

ORDER

Date : 18.06.2026 Heard Mr. Alezo Kire, learned counsel for the Petitioner as well as Mr. E. Thiba Phom, learned Public Prosecutor for the State of Nagaland.

2. The scanned TCR has been received from the Court of the learned Principal District & Sessions Judge, Kohima.

3. In respect of the case for grant of bail, Mr. Alezo Kire, the learned counsel for the Petitioner submits that in the meantime, the victim has also been examined and he has submitted a Certified Copy of the order passed by the learned Principal District & Sessions Judge regarding the same. Learned counsel submits that the Petitioner has been in custody for a considerable time ever since his arrest on 18.11.2025 and that the trial has also progressed. With regard to the aspect of the accused being a neighbor of the victim, it is submitted that in the meantime, he has also relocated to another locality.

4. On the other hand, the learned Public Prosecutor opposes the bail at this stage and submits that the nature of the alleged offence has to be seen and the fact that the Petitioner happens to be a neighbor of the victim, who also suffers from disability in the nature of hearing and speaking. It is further submitted by the prosecution that prior to his being apprehended by the law, he was assaulted by the members of the public and, therefore, his release on bail might also raise concerns regarding his safety.

5. I have perused the relevant materials and given my consideration to the submissions.

6. The statement of the victim was recorded under Section 183 BNSS during investigation before the learned Chief Judicial Magistrate, Kohima. The learned Chief Judicial Magistrate, Kohima, before recording the statement asked some preliminary questions and thereafter recorded her statement. In her statement, the victim stated that on the night of the incident, while she was sleeping in her room, a man whom she named, came from a different village had grabbed her jaw/chin, hurt her, causing bleeding from her mouth. The allegations in the ejahar/FIR pertained to attempt to rape by the accused.

7. Considering the length of detention; the progress of the trial (including examination of the victim); the nature of the statement as mentioned above – I am of the considered view that it would be justified to grant bail to the accused at this stage. Accordingly, he is allowed to go on bail of ₹ 40,000/- (Rupees forty thousand only) with one surety of like amount to the satisfaction of the learned Principal District & Sessions Judge, Kohima, subject to the conditions that; i. The accused shall not abscond; ii. The accused shall not hamper with evidence or try to tamper with the witnesses directly or indirectly; iii. The accused shall appear as and when summoned for the remaining trial; and iv. The accused shall not harm or harass the victim in any manner. Failing to follow the above conditions will lead to cancellation of the bail.

8. The instant bail application stands disposed of.

JUDGE Comparing Assistant