ORDER

Date : 23-09-2021 Pursuant to Order dated 16.09.2021, Mr. G. Tado, learned Additional Public Prosecutor for the State of Arunachal Pradesh, has produced the chargesheet of Raga P.S. Case No. 12/2021, Under Section 376 AB IPC read with section-6 of POCSO Act 2012.

It is to be mentioned here that the chargesheet was called for in order to deal with the bail petition for the accused, Smti Godak Sappi @ Yapi, who languishing in jail hazot in connection with Raga P.S. Case No. 12/2021, Under Section 376 AB IPC read with section-6 of POCSO Act 2012.

Mr. M. Tajum, learned counsel for the accused has submitted that, after rejection of the Anticipatory Bail application of Smti. Godak Sappi @ Yapi on 20.08.2021 the accused surrendered before the Police on 29.08.2021 and since then she has been languishing in jail hazot.

It is further submitted that the investigation has completed with the submission of the chargesheet against the accused person and the accused is a local person should cooperate to face the trial.

It is further, submitted that one of the Son of the accused is suffering from ailments, and there is no one to look after him, as her husband has already expired. It is also submitted that as per order dated 23.09.2021 notice was issued to the informant but the A/D card not returned and that he has personally informed the informant about the bail petition and despite the informant remain absent /unrepresented. Further, Mr. Tajum, pointed out that there is no specific allegations against the accused in the chargesheet.

Under the above circumstances Mr. Tajum, contended to allow the bail petition.

On the other hand, Mr. Tado, learned Addl. P.P., has opposed the bail petition on the ground that the accused has already been chargesheeted for abetement of the offence under section 17 of the Pocso Act.

Having heard the submission of learned Advocates of both sides, I have perused the charge-sheet submitted against Godak Sappi @ Yapi. It appears that she has been charge-sheeted under section 17 of the POCSO Act. She is behind the bar since 29.08.2021.

Since chargesheet has been submitted there is no scope of hampering the investigation or tempering the witness. Now trial will start and the accused has to prepare her defence. Besides, she is a woman having 4(four) minor children and there is no one to look after them and the younger one is suffering from ailments.

Considering all the facts and circumstances and also considering the nature of accusition, and the materials collected against her and the punishment prescribed for the offence and further considering the fact that investigation has already been completed and that she is a Woman and her son is suffering from ailments and no one is there to look after them, as her husband already expired this Court is of the considered opinion that this is a fit case where privilege of bail may be extended to the accused petitioner.

Accordingly, it is provided that on furnishing a bail bond of Rs. 10,000/-

(Rupees Ten Thousand)only with one surety of like amount to the satisfaction of the learned Special Judge(POCSO), Ziro, Lower Subansiri District, accused Smti.

Godak Sappi @ Yapi is enlarged on bail. This Bail application stands disposed of.

JUDGE

Comparing Assistant