IMPORTANT POINT
The main legal point established in the judgment is the presumption of innocence, the importance of considering delay in trial when granting bail, and the need for a humane attitude in dealing with bail applications.

JUDGMENT

[1] These bail applications have been filed by fathers of the accused Md. Noor Mohhamad and Md. Salim Khan under Section 439 Cr.P.C. seeking to enlarge them on bail in connection with FIR No.28(9)2020 on the file of the Women Police Station, Imphal West registered under Section 6 of the POCSO Act and under Sections 307/325 IPC read with Section 302 IPC.

[2] The case of the prosecution is that on 2.9.2020 at about 11.00 a.m., the complainant lodged a complaint before the Officer-in- Charge of Women Police Station, Imphal West stating that on 1.9.2020 at around 8.00 a.m., his niece went out from her home and did not return back. They searched for the victim that night, but could not find her and they thought that she might have eloped. However, on the next day, they got information from locals who visited the field that they had found the victim lying unconscious at Irong Yendao Palli Mapoal with multiple bruises and seemed to be sexually assaulted by unknown persons. On receipt of the complaint, the Officer-in-Charge registered the FIR No.28(9)2020 and commenced the investigation. Unfortunately, on 3.9.2020 at about 2.05 p.m., the victim girl expired. The investigating Officer arrested the accused and remanded them to judicial custody. After Completion of the investigation, Charge sheet for the commission of the offence under Section 6 of the POCSO act and under Sections 307, 325 IPC read with Section 302, 120B, 34 IPC read with Section 107 IPC was filed against the accused.

[3] The learned senior counsel for the petitioners submitted that the accused Md. Noor Mohhamad and Md. Salim Khan are innocent and have been falsely implicated in the alleged Crime. He would submit that the allegation against the accused Md. Noor Mohhamad and Md. Salim Khan is that Phusam Souda, the elder sister of the victim, had stated that the victim had disclosed that four persons were involved in the said incident and the accused Md. Noor Mohhamad and Md. Salim Khan and others were seen by the locals during the night of the incident near the spot, whereas Dr.Yumnam Arunkumar, Dr.Mohammad Kamalluddin Vahrott, Lourembam (N) Khangembam (O) Selvia Devi and Thamangjam Binod in their 161 Cr.P.C statements stated that the victim girl had disclosed them that only the accused Maja Khan tried to kill her.

[4] The learned senior counsel further submitted that earlier the petitioners have filed bail applications before the trial Court and the trial Court, by the order dated 15.1.2021, rejected the bail applications on the ground that the charge leveled against the accused is supported by the materials on record, including the statements of witnesses and there are reasonable apprehension of influencing the witnesses by the said accused persons and also the offences being heinous in nature. According to the learned senior counsel, the said finding arrived at by the trial Court while rejecting the bail applications is erroneous and that the trial Court went on to deal with the merits of the case.

[5] The first and foremost contention of the learned Public Prosecutor is that as per the amended provision of Section 439 Cr.P.C., it is mandatory on the part of the accused to give notice of intimation to the complainant and in this case, the petitioners have failed to give notice of intimation.

[6] The learned Public Prosecutor further submitted that many number of witnesses were examined in this case and particularly, in her Statement, the elder sister of the victim stated that the victim informed her while she was In ICU that two other persons were involved in the commission of the crime, apart from Mohammad and Maja Khan.

[7] The learned Public Prosecutor then submitted that after completion of the investigation, the investigating officer filed the charge sheet before the POCSO Court and that the trial Court, after considering all these aspects, rightly rejected the bail applications of the accused Md. Noor Mohhamad and Md. Salim Khan. Since the crime committed by t