BA/125/2024 of Baje Fangte Vs The State of AP on 22 December 2024

Arguments

ORDER

Heard Mr. T. Bagang, learned counsel for the applicant. Also heard Ms. T.Jini, learned Additional Public Prosecutor for the State.

2. This is an application under Section 483 of the BNSS, 2023 praying forrelease of the accused, Shri Sunday Fangte, on bail in connection with SeppaWomen Police Station Case No25/2024 under Section 64(1) of BNS, 2023.

3. The case, in brief is, that a written FIR was filed on 09.11.2024 before theOfficer-in-Charge, Seppa Women Police Station by the victim to the effect thaton 09.11.2024, in the evening hours at around 4.00 PM, the accused took her tothe jungle for collection of wild berries and vegetables. While they were on theway to the forest, the accused raped her forcefully inside the jungle.

4. On receipt of the aforesaid FIR, the police registered the case being SeppaWomen Police Station Case No25/2024 under Section 64(1) of BNS, 2023.Thereafter, the petitioner was arrested on 10.11.2024.

5. The case projected by the applicant on behalf of the accused is that theaccused was forced to go with the victim for collection of wild berries despite hisresistant. According to the applicant, on repeated request, the accused wasconvinced to go to the jungle with the victim. It is also contended that thevictim had gestured the accused by indicating her desire for sexual intercoursewith the accused, which the accused had denied and resisted. However, oneShri Rako Sangdo, aged about 65 years (uncle of the victim) had peeped theconfrontation while the victim was seducing and forcing the accused to have sexwith her, which was informed to the mother of the victim. The mother of thevictim had beaten her for having sex with the married man that too from thesame village. It is also stated that the victim has sustained some minor injury onbeing beaten up by her mother. Accordingly, due to pressure from her parent,the victim has lodged the FIR against the accused person.

6. Mr. T. Bagang, learned counsel for the applicant submits that since theaccused was arrested on 10.11.2024 and is co-operating in the investigation andthe investigation is supposed to be completed by now and considering that theaccused has been falsely implicated on the pressure of the mother of the victim, the accused, namely, [REDACTED] may be released on bail.

7. Ms. T. Jini, learned Additional Public Prosecutor for the State has producedthe Case Diary.

8. On perusal of the statement of the victim under Section 183(5) of theBNSS, 2023, it reveals that the accused had taken the victim to the firm of oneShri Pegu Sangdo for collection of wild berries (tahmyo). They found lemon treeand had one piece of lemon. By that time, it was about to be dark so she hadasked the accused to take her home. Thereafter, the accused had said that theywill go by shortcut way to save the time. While he was leading her, she foundthat it was not the shortcut but the accused was taking her to the dense forest.The accused while walking had sexually advanced towards the victim anddespite resistant pushed her down on the ground and despite struggling to freeherself, finally the accused had over powered the victim, thereafter, forcefullyhad sexual intercourse with the victim.

9. Having considered the documents and the statements, as notedhereinabove, and considering the seriousness of the offence alleged to havebeen committed by the accused, I am not inclined to grant bail to the accused.Accordingly, the bail application is rejected.

JUDGE