IMPORTANT POINT
The principle of 'bail, not jail' and the need to balance the accused's rights with the gravity of the offences, considering the reverse burden of proof under Section 29 of the POCSO Act.

JUDGMENT

1. This is an application for grant of bail under Section 439 Cr.PC to the accused person Shri Yjish D. Sangma, preferred by the petitioner herein who is the father of the said accused person who is still in custody in connection with Special (POCSO) Case No. 8 of 2022 under Section 366A/342/376(1) IPC r/w Section 3(a)/4 POCSO Act, 2012.

2. Initially, the petitioner has caused notice to be issued upon the respondent No. 3, the complainant who has filed the FIR but inspite of receipt of the notice, service confirmed by way of an affidavit of service filed by the petitioner bringing on record this fact, the respondent No.3 has failed to appear before this Court and accordingly this matter shall proceed exparte against the respondent No.3.

3. Heard Mr. K.C. Gautam, learned counsel for the petitioner who has submitted that the petitioner and the accused person are residents of Rongbu village, North Garo Hills District. An FIR dated 03.06.2022 was filed by Shri Lenibarth M. Sangma, before the Kharkutta Police Station, North Garo Hills stating that on 30.05.2022 at about 7:00PM, his minor daughter aged about 17 years had gone out to attend a prayer service in their church located at Upper Rongbu, however, she did not come home that night.

4. On the next day, the complainant was informed that the accused person had taken his daughter to his house where she stayed the whole night with him as they were having an affair. The complainant then went to the house of the accused person and brought back their daughter after which the said FIR was lodged.

5. On receipt of the said information, the police had registered a case being Mendipathar Women PS Case No. 08(06)2022 under Section 342/366A IPC. The Investigating Officer (I/O) has then recorded the statement of relevant witnesses including the alleged victim and the accused person and others and on completion of the investigation has filed the charge sheet on 28.06.2022, finding that a prima facie case is found well established against the accused person under Section 366A/342/376(1) IPC r/w Section 3(a)/4 POCSO Act, 2012. A regular case was then registered as Special (POCSO) Case No. 8/2022 and is now pending before the court of the learned Special Judge (POCSO), North Garo Hills, Resubelpara.

6. The learned counsel has further submitted that the accused person has been falsely implicated in the case and is not guilty of the charges levelled against him. As could be seen from the charge sheet, it is seen that the parents of the victim refused to keep the alleged victim in their house nor did they acknowledge the relationship between the accused person and the alleged victim which, according to them has brought shame and disrepute to the family.

7. Again, the learned counsel has submitted that the alleged victim girl in her statement under Section 164 Cr.PC has stated that the accused person is known to her since childhood and that they have been in a relationship as boyfriend and girlfriend since the month of January, 2021 and during their courtship, they have been in a physical relationship. It was only in the month of May this year that the accused person took her to his room and told her that he was in love with someone else and when the girl wanted to go back home, he persuaded her to come back to his house as it was late and so the girl decided to stay at his house that day. The next morning the accused person left for work at Rongjeng and left the girl at his home. Thereafter, her parents came and fetched her from the house of the accused person.

8. The learned counsel has submitted that this is a case of consensual relationship and that the accused person is ready to stand trial and defend his case in court. If granted bail, the accused person will undertake to abide by any conditions to be imposed by this Court and is also willing to produce any surety if so required.

9. Since the charge sheet has already been filed since the month of June, 2022, the case is still at the stage of