ROBIUL HUSSAIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Ms. S. Nongsiej, learned counsel for the petitioner, who at the outset, has submitted that the notice issued upon the respondent No. 3 has been affected, and affidavit of service in this regard has been filed. However, the respondent No. 3 is not present in Court today.

(2.) It is the case of the petitioner that this bail application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 read with Sec. 31 of the POCSO Act, 2012 has been preferred primarily on two grounds, firstly, that the petitioner, who is the accused person undergoing trial in Special (POCSO) Case No. 16 of 2023 before the Court of the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh is suffering from a number of ailments which are serious in nature, and which according to the opinion of the doctor requires surgery. However, in this regard, this Court vide order dtd. 27/12/2024, had allowed the petitioner/accused to undergo surgery at NEIGRIHMS, Shillong, but the said procedure could not be completed, and in the meantime, the petitioner/accused was also referred to Nongpoh Civil Hospital for treatment.

(3.) The learned counsel submits that, in course of time, the petitioner/accused has developed problems in his ear which has affected his hearing, for which he requires to undergo medical treatment. Therefore, it is the prayer of the learned counsel that the relatives of the petitioner may be allowed to get the petitioner/accused properly treated at any hospital or place of treatment of their choice.