IMPORTANT POINT
The main legal point established in the judgment is the presumption of innocence, the importance of a speedy trial, and the humane treatment of the accused. The court emphasized the principles of bail as a rule, the presumption of innocence, and the need for a speedy trial, citing various Supreme Court cases to support its decision.

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 No3/20/10 of 2020 pending on the file of the Fast Track Special Court No 1, Manipur.

2. The case of the prosecution is that on 3.10.2019 at about 3.00 a.m., the petitioner, who was working as an ECG technician in RIMS hospital, sexually assaulted the victim aged about 13 years inside the ECG room during ECG examination of the victim by locking the door from inside while the mother of the victim was kept waiting outside the ECG room. Based on the complaint lodged by the mother of the victim, the respondent police registered an FIR bearing No.188(10)2019 under Sections 6/7 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act against the petitioner.

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, he had co-operated 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 judicial custody from 3.10.2019 and that there was no prospect the trial will be conducted in near future as earliest or in other words trial will take long time. Earlier, the petitioner approached the trial Court for bail and the same was rejected vide order dated 18.1.2021 in Bail Application No.5 of 2020 without properly appreciating the submission of the petitioner.

5. The learned counsel urged that the medical report of the victim has been clearly written as there is no injury seen on the body and according to the examination and recorded findings of the external genitalla, it is stated that urethral meatus and vestibule, labia majora, hymen are intact. Therefore, the allegation against the petitioner has not been supported by medical examination. As such, the petitioner shall be released on bail.

6. The learned counsel submitted that as per the documents including the medical report and the forensic science laboratory reports, it is clear that no offence under Sections 6/7 of the POCSO Act has been made out against the petitioner and no evidence for the commission of any sexual offence against the petitioner.

7. By placing reliance upon the order of this Court in the case of Nongthombam Ramesh Singh v. State [Bail Application No.16 of 2020 decided on 8.7.2021] and the decision of the Punjab and Haryana High Court in the case of Kishan Singh v. Punjab State, (1960) CriLJ 850, the learned counsel contended 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. Y. Ashang, the learned Additional Public Prosecutor submitted that on interrogation, the petitioner admitted to have committed the offence charged against him by revealing that he had raped the victim in the ECG room during ECG examination while she was alone in the room. When such being the admission, the petitioner cannot be enlarged on bail considering the gravity of the offence.

9. The learned Additional Public Prosecutor further submitted that the investigation completed and charge sheet filed and the case is being proceeded as Special Trial Case No.3/20/10 of 2020 before the learned Fast Track Special Court No.1, Manipur. He urged that considering the evidence gathered during the investigation, there is every likelihood of the petitioner being convicted of the offence charged against him. He further submitted that if the petitioner is released on bail, there is likelihood of committing similar offence and there i