DONLANG NONGSTENG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner was arrested on 21/9/2021 being named in the FIR dtd. 21/9/2021 filed by one Smti. Mareenda Kharkongor in which FIR an allegation was made that the accused had sexually harassed the minor son of the complainant. On being arrested, the petitioner was eventually forwarded to judicial custody and is still in custody till date.

(2.) On investigation launched and on completion of the same, the Investigating Officer has filed the charge sheet No. 27 of 2021 on 20/11/2021. The opinion of the I/O upon consideration of the facts and circumstances including the statement of the complainant, the victim and other relevant witnesses is that a prima facie case for an offence under Sec. 5 (1)/ 6 POCSO Act read with Sec. 506 IPC has been made out against the petitioner herein, for which he is send up for standing trial before the competent court.

(3.) In such a situation, the petitioner has, at the first instance approached the Court of the learned Special Judge (POCSO) Shillong seeking bail on the grounds stated therein, and which application was rejected vide order dtd. 1/11/2021. Subsequently, the petitioner has again moved two more bail applications, but they were also rejected vide order dtd. 7/2/2022 and 10/3/2022 passed by the learned Special Judge (POCSO) Shillong. Not exhausting his legal remedy, the petitioner has accordingly approached this Court with this instant application under Sec. 439 Cr.P.C with a prayer for grant of bail.