ANNIAS LAPANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner by way of present petition filed under Section 439 CrPC seeks release of applicant/accused person on bail in Nongpoh P.S.Case No. 222 (10) 2018, under Section 3(b)/ 4/5(n) (m) (r)/ 6 of POCSO Act 2012 (now G.R.Spl. POCSO Case No. 7 of 2019).

(2.) As per averments made in the petition, it has been averred that the applicant was arrested on 24-12-2018 in connection with Nongpoh P.S.Case No. 222 (10) 2018, under Section 3(b)/ 4/5(n) (m) (r)/ 6 of POCSO Act 2012. The petitioner filed bail application before Special Judge (POCSO), Nongpoh on 05-02-2019 which was registered as Bail Application No. 8 of 2019 in Nongpoh P.S. Case No. 222 (1) 2018 on 19-02-2019. It was rejected observing that the accused person was not entitled to be enlarged on bail.

(3.) After expiry of 90 days of the custody of the applicant, second bail application was filed on 02-04-2019 before Special Judge (POCSO) Nongpoh as the police had failed to file any charge sheet within the said period. The bail application was registered as Bail Application No. 23 of 2019 [Ref. Nongpoh P.S.Case No. 222 (10) 2018, under Section 3(b)/ 4/5(n) (m) (r)/ 6 of POCSO Act 2012 and the same was again rejected on the same date.