ORDER :

Bhaskar Raj Pradhan, J.

1. This is an application under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail for the applicant who is under trial. The First Information Report (FIR) was lodged against him on 15.05.2019. On the same date he was arrested and since then he has been incarcerated. He is presently lodged at Rongyek, Jail, East Sikkim. According to the applicant he is 22 years old and the charge against him is that he has committed sexual assault on a 15 year old victim. The investigation completed, the prosecution filed a charge sheet on 30.07.2019. On 21.09.2019, it has been informed, charges under section 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012) as well as under Section 354 of the Indian Penal Code, 1860 (IPC) were framed against the applicant. The trial has progressed and as of now 7 witnesses have been examined. 7 more witnesses are yet to be examined. The last date scheduled by the learned Special Judge for examination of the prosecution witnesses is 17.05.2021.

2. The records reveal that the learned Sessions Judge had rejected the applicant’s application for bail on 30.05.2019 on the ground