IMPORTANT POINT
The main legal point established in the judgment is the importance of a speedy trial, the presumption of innocence, and the discretion of the court in considering bail applications.

JUDGMENT

1. This petition has been filed by the petitioner under Section 439 Cr.P.C to enlarge him on bail in connection with the Special Trial (POCSO) Case No.8 of 2019/14/2020 with reference to FIR No.19(08)2018 on the file of the Fast Track Special Court No.2, Manipur.

2. The case of the prosecution is that on 16.8.2018 at 5.10 p.m., the complainant reported to the Officer-in-Charge of Heingang Police Station that his daughter was kidnapped from his house by the petitioner to be his wife without her consent and she was kept concealed in collusion with the family members of the petitioner. Upon receipt of the complaint, the Officer-in-Charge of Heingang Police Station forwarded the said complaint to the Officer-in- Charge of Women Police Station, Imphal East and the Women Police Station registered the FIR bearing FIR No.19 of 2018 against the petitioner under Section 366A/34 IPC and Section 4 of POCSO Act, 2012 on 05.12.2019. The petitioner was arrested on 5.2.2019 and after investigation, the investigating officer has filed charge-sheet against the petitioner before the Fast Track Special Court No.2, Manipur and cognizance was taken as Special Trial (POCSO) Case No.8 of 2019.

3. Mr. Th. Jugindro, the learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in the alleged crime. He would submit that before submitting the charge-sheet in connection with the aforesaid FIR, the petitioner had co-operated with the investigating officer. Since charge-sheet has been filed and the trial is about to begin, there is no question of hamper or tamper with any prosecution evidence or terrorize the witnesses after the petitioner is released on bail.

4. The learned counsel further submitted that the petitioner is in jail from 5.2.2019 and that there was no chance that the trial will be conducted in near future as earliest or in other words the trial will take long time. Earlier, the petitioner had approached the trial Court for bail and the same was rejected vide order dated 24.8.2021 in Criminal Miscellaneous (B) No.8 of 2021 without properly appreciating the submission of the petitioner.

5. The learned counsel urged that the petitioner who is a mason by profession is the only earning member having his mother suffering from critical illness (chronic kidney disease) since last ten years. The petitioner is the only son to look after his illness mother, who is now taking treatment at Dispur Hospital Private Limited, Dispur, Guwahati.

6. The learned counsel submitted that as per the documents including the medical report, it is clear that no offence under Section 4 of the POCSO Act has been made out against the petitioner and no evidence for the commission of any sexual offence against the petitioner. Thus, a prayer is made to enlarge the petitioner on bail.

7. By placing reliance upon the orders of this Court in Bail Application No.26 of 2021 [Thokchom Suraj Singh v. The Officer-in- Charge, Lamphet Police Station] and Bail Application No.8 of 2021 [Abujam Tombisana Singh v. State of Manipur], decided on 24.5.2022, the learned counsel submitted that the general policy of law is to allow bail rather than refuse it and bail should not be withheld as a measure of punishment or for the purpose of putting obstacles in the way of defence.

8. Per contra, Mr. H. Samarjit, the learned Additional Public Prosecutor submitted that during the course of investigation, the investigating officer collected material evidences and had also recorded the statements of the victim and other witnesses. He would submit that since the crime committed by the petitioner is a very heinous and the victim was aged 13 years at the time of crime, he cannot be enlarged on bail. Further, the petitioner had left a scar upon the young and tender life of the victim which will remain throughout her life. If the petitioner is released on bail at this stage he is likely to abscond to avoid the trial and he is also likely to threaten the