IMPORTANT POINT
The discretion to grant bail lies with the judge, considering the severity of the offence, the presumption of innocence, and the right to speedy trial. Humane treatment of prisoners with ailments is a requirement of law.

JUDGMENT

This petition has been filed by the petitioner under Section 439 Cr PC to enlarge him on bail in connection with the Special Trial (POCSO) Case No. 1/2020/29/2020 pending on the file of the Fast Track Special Court No I, Manipur.

2. The case of the prosecution is that on 9.2.2019 at about 1.00 p.m., the petitioner sexually assaulted a minor girl aged about 9 years Inside his cycle repairing shop. A complaint was lodged by the mother of the victim girl on the same day before the Women Police Station, Imphal West and the police registered the case in FIR No 32(7)2019 under Section 4 of the Protection of Children from Sexual Offences Act, 2012 After completion of the investigation, charge sheet for commission of the offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) was filed against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in the alleged crime. Further, the petitioner is an aged person and suffering from several problems with stomach and pain abdomen and he has been diagnosing since from the long period. He would submit that in fact the Doctor who treated him in the jail recommended treatment from a well equipped hospital outside the jail.

4. The learned counsel further submitted that earlier the petitioner has filed bail application before the trial Court for releasing him mainly on medical ground. However, the trial Court rejected the bail application of the petitioner vide order dated 13.11.2020 without considering the plea of the petitioner.

5. The learned counsel for the petitioner then submitted that the provisions of Cr.P.C. confer discretionary jurisdiction on criminal Courts to grant ball to the accused pending trial. However, the trial Court refused to grant bail to the petitioner on medical grounds. Since the petitioner needs immediate better treatment outside the jail, the learned counsel prayed for bail.

6. Per contra, the learned Public Prosecutor submitted that a detailed statement of the victim girl was recorded under Section 161 Cr.P.C., wherein she had stated that on the day of the Incident, the petitioner forcibly laid her on his bed and sexually assaulted by closing her mouth. Later she came out running by pinching his hand and disclosed to her mother. Since the said statement of the victim fully supported the complainant’s statement, the petitioner cannot be enlarged on bail.

7. The learned Public Prosecutor further submitted that the Doctor who examined the victim girl opined signs of sexual assault present and that in her statement recorded under Section 164 Cr.P.C., by the Judicial Magistrate, the victim girl has clearly narrated the incident.

8. The learned Public Prosecutor then submitted that the alleged illness of the petitioner is not an immediate threat to life and it may be cured by proper prescription of medicines which can be available in the jail itself. According to the learned Public Prosecutor, the trial Court, after considering all these aspects, rightly rejected the bail application of the petitioner. Arguing so, the learned Public Prosecutor prayed for dismissal of the present bail application.

9. This Court considered the submissions raised by the learned counsel for the petitioner and the learned Public Prosecutor and also perused the materials available on record.

10. The case of the prosecution is that on 9.2.2019 at about 1.00 p.m., the petitioner sexually assaulted the victim girl inside one of the complainant’s shop room rented out to the petitioner located at Tera Loukrakpam Leikai. Based on the complaint lodged by the mother of the victim, the Women Police Station, Imphal West, registered the FIR under Section 4 of the POCSO Act against the petitioner and during the course of investigation the petitioner was arrested on 28.8 2019. The trial Court taken the cognizance and the case is now pending before the trial Cour