HABIZUR ROHMAN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. L.N. Arengh, learned counsel for the petitioner who has submitted that this bail application is the second of its kind filed before this Court with similar prayer for grant of bail on behalf of the accused person, Shri. Rofiqul Islam who is in custody in connection with Special POCSO Case No. 9 of 2023 pending before the court of the learned Special Judge (POCSO), East Garo Hills, Williamnagar.

(2.) The learned counsel has submitted that this is a case where 4(four) accused persons are said to be involved on the allegation that the survivor was kidnapped, raped and sold and finally was made to get married by the accused person and his associates. However, the minor survivor managed to flee from the abductors and was brought home. Thereafter, an FIR was lodged by the father of the survivor leading to the registration of Rongjeng P.S. Case No. 31(10) 2015 under Sec. 363/366/366A/370/370A/34 IPC read with Sec. 5(g)(l)/6 POCSO Act. After investigation was over, the case has been charge sheeted with the accused person in question being made to stand trial along with other accused persons.

(3.) It is also the submission of the learned counsel for the petitioner that the stage of the case is for recording of evidence, however, no prosecution witnesses have been examined so far. The only ground raised by the learned counsel for the petitioner is that out of the 4(four) accused persons being implicated in the case, two of them have since been enlarged on bail and accordingly on ground of parity the prayer is made before this Court for grant of bail.