Point of Law: It is also a general principle of bail jurisprudence that bail and not jail should be the guiding principles for courts as the purpose of bail is to allow the accused to prepare his defence sans a hostile environment.

JUDGMENT :

W. DIENGDOH, J.

1. This is an application under Section 439 Cr.P.C. for grant of bail to the applicant Shri Shaiborlang Nongbri who was arrested on allegation that he has sexually assaulted a minor girl aged about 14(fourteen) years, for which on the basis of the FIR lodged on 25.08.2021, by the aunt of the victim girl on receipt of which the Officer-in-Charge Madanrting Police Station had caused registration of a police case being Madanrting P.S. Case No. 119 (8) 2021 under Section 3(a)/4 POCSO Act, 2012.

2. The contents of the FIR indicates that the complainant therein who is the aunt of the alleged victim girl had reported that on 19.08.2021 when her niece who is the alleged victim girl was alone at her home, suddenly in the afternoon the accused/applicant suddenly forcefully entered the house and raped the alleged victim girl who had struggled to get free, but because of the fact that she is weaker than him, she was unable to do so. Further, on 20.08.2021, the accused/applicant further threatened the alleged victim girl to the extent that she should not get married to any man since she is now his wife and that he will assault the man who will be married to her. Request is made to the police to take necessary action following which the accused/applicant was arrested on 25.08.2021.

3. On investigation being completed, the I/O amongst other things having taken down the statement of the complainant, the alleged victim girl and other relevant witnesses, the Final Form under Section 173 Cr.P.C. was prepared and charge-sheet No. 36/2021 dated 22.10.2021 was filed before the Court stating inter-alia, that on the basis of the investigation conducted, a prima-facie case was found well established against the accused who is said to have committed an offence under Sections 7/8 of the POCSO Act, 2012 and is accordingly forwarded to the Court to stand trial.

4. Heard Mr. K. Ch. Gautam, learned counsel for the applicant who has submitted that a perusal of the FIR would show that the alleged victim girl was said to have been sexually assaulted and raped by the applicant, however in her statement under Section 161 Cr.P.C. the alleged victim girl has not specifically stated that the applicant had raped her. The FIR was also lodged six days after the alleged incident, which according to the learned counsel has created an impression that it was an afterthought.

5. Mr. Gautam has however submitted that as on today, the charge-sheet has already been filed and the applicant would be required to argue the matter on merits. One pertinent point that is required to be considered by this Court is the fact that the alleged offence against the applicant is under Section 7 of the POCSO Act and Section 8 which prescribes the punishment for such offence, the period of imprisonment prescribed being between three years and the upper limit of five years. Considering the facts and circumstances of the case, the fact that the applicant is from a poor family and the only bread earner having to feed his dependents and having been in custody for almost three months and also having no criminal antecedents, he may be enlarged on bail with any stringent conditions imposed on him.

6. Mr. K.P. Bhattacharjee, learned GA for the State respondent has submitted that the charge-sheet has already been filed and the case is before the Trial Court, the applicant can therefore pursue his case before the Trial Court and may be heard at the stage of consideration of charges.

7. Having heard the learned counsels for the parties and on perusal of the instant application as well as the records including the case diary which was duly produced before this Court, the facts and circumstances as stated above need not be reiterated. However, what is noticed is that on the basis of the narration of the alleged victim girl who has specifically named the applicant herein as her perpetrator and after informing her aunt who is an adult, steps was taken to bring the matter to the attention