ORDER

Date : 08-09-2021 Mr. K. Tama, learned counsel for the petitioner, and Mr. U. Bori, learned Addl. P.P., Arunachal Pradesh, were heard on 06.09.2021 and the matter is listed today for delivery of orders. Accordingly, the order has been dictated today in the open Court.

This is the second bail application preferred by the petitioner before this Court under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused Sri Inya Tato who was arrested by the police of the Ziro Women Police Station on 16.04.2021, in connection with Ziro Women Police Station Case No. 01/2021 u/s. 376(2)(i) of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, arising out of an First Information Report(FIR), dated 16.04.2021, lodged by one Smt.

Gumnya Kochung.

In the said First Information Report(FIR), dated 16.04.2021, lodged by Smt. Kochung before the Officer-in-Charge of Ziro Women Police Station, it was stated that she came to know from the victim who is her adopted daughter since 2019 and aged 15 years approximately, to be pregnant. On a further query made, the victim revealed that she has been subjected to forceful sexual intercourse by the accused who is serving as Sub-Inspector of Police at Ziro Police Station on several occasions, at his official Government quarter as well as at the official Government quarter of the husband of the informant, who is also serving as Sub-Inspector of Police at the Ziro Police Station.

This is the second bail application filed by the petitioner for grant of bail to the accused Inya Tato. The earlier bail application being BA 26(AP)2021 was rejected by this Court vide order, dated 02.06.2021, on perusal of the CD wherein it was noticed by this Court that the statement of the victim recorded under Section 161 and 164 of the Code of Criminal Procedure, 1973, corroborates with what have been alleged in the First Information Report(FIR) and also on consideration of the fact that the victim was pregnant by about 8 months at that time.

Mr. Tama, learned counsel for the petitioner, has submitted that charge-

sheet in the aforesaid case have been filed on 14.06.2021. Therefore, the investigation of the case is now complete. He contends that in the statement of the victim, it has been stated that the accused had gifted her a mobile phone and it was through that mobile phone that the accused used to contact the victim, either to come to his quarter or to fix up a time to have a forceful sexual intercourse. However, he submits that on perusal of the CDR submitted by the I.O. in the charge-sheet, there is no record of any contact made between the accused and the victim through that mobile phone. Therefore, he submits that the accusation made against the accused by the victim is not reliable. He further submits that the accused did not give a mobile phone to the victim as stated by the victim and the mobile phone which was with the victim though purchased by the accused was stolen from the house of the accused. His further contention for grant of bail to the accused is that he was arrested on 16.04.2021 and since then, he has been in the detention and has been cooperating with the investigation of the case and also in view of the completion of the investigation of the case by filing a charge-sheet on 14.06.2021; the accused deserves to be released on bail since the accused has been in detention w.e.f. 16.04.2021 and the trial of the case in the Court below have not been taking place because of the Covid 19 pandemic.

The further contention of the learned counsel for the petitioner is that consequent upon the arrest of the accused, the accused was suspended from service by order dated 26.04.2021 w.e.f. 14.06.2021 by the Superintendent of Police, Lower Subansiri District, Ziro, and therefore, there is no chance for the accused to tamper with the evidence and/or to influence the witness in the case. He further submits that the accused has a good tr