PANKAJ KUMAR BHARADWAJ Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Ms. E. Slong, learned counsel for the petitioner who has submitted that the petitioner was arrested in connection with Madanriting P.S. Case No. 23 (03) of 2021 under Sec. 363 IPC read with Sec. 5(1)/6 POCSO Act, 2012 for alleged sexual assault involving a minor girl. It is also submitted that the matter has proceeded for trial in Special (POCSO) Case No. 65 of 2021 before the learned Special Judge (POCSO) Shillong and the stage of the case is for recording of evidence.

(2.) The ground cited for the prayer for enlargement on bail of the petitioner is that the investigation has been completed and the matter has proceeded for trial and as such, the petitioner may be allowed to be enlarged on bail. It was also submitted that an earlier application for bail was moved before this Court, which was rejected vide order dtd. 17/11/2021. The learned counsel has therefore prayed that this petition may be allowed and the petitioner may be enlarged on bail with any condition as deemed fit and proper to be imposed by this Court.

(3.) Mr. K. Khan, learned PP appearing on behalf of the State respondent has submitted that on perusal of the statement of the alleged victim, copy of which was annexed with this petition, it would appear that the victim has clearly stated and recounted the sexual assault inflicted upon her by the petitioner herein in very vivid terms and as such, a strong prima facie case has been made out, and consideration of the bail application at this stage would have been on the merits of the case.