ZAKIR HUSSAIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Dr. N. Mozika, learned Sr. counsel for the petitioner who has submitted that the petitioner is the father of the accused person named Mukabbir Hussain who was arrested in connection with Tura Women P.S. Case No. 41(8) of 2020 under Sec. 366A/34 IPC read with Sec. 5(g)(i)/6 of the POCSO Act, 2012.

(2.) The case has travelled to the point of being taken cognizance of by the learned Special Judge (POCSO) and thereafter, a regular case being Special (POCSO) Case No. 39 of 2020 under the relevant Sec. have been registered and is now proceeding for trial before the Court of the learned Special Judge (POCSO), West Garo Hills, Tura. It is also the submission of the learned Sr. counsel that the accused who was arrested in connection with the aforesaid case is still in judicial custody till date for a period of about 2 " years or so.

(3.) The investigation of the matter being completed and now that the evidence is being recorded before the Court, there is no apprehension of the accused tampering with the evidence of the witnesses at this point of time and as to the apprehension that the accused may abscond or threaten the witnesses or the alleged victim, the learned Sr. counsel submits that if required and as part of the conditions to be imposed by this Court, the accused will undertake to abide by such conditions laid down as regard the apprehension of threat or abscondence. The learned Sr. counsel therefore prays that this Court may be pleased to enlarge the accused on bail with any conditions as deemed fit and proper.