RAMYANG KEISHING Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The present application had been filed under sec. 439 of the CrPC with a prayer for granting bail to the petitioner in connection with FIR No. 03 (11) 2018 WPS Ukl u/s 6 of the POCSO Act, 2012.

(2.) Mr. Mark Khapai, learned counsel for the petitioner submitted that the petitioner was arrested by a Combine Team of Women Police Personnel of Ukhrul Police Station on 5/11/2018 on mere suspicious ground that the petitioner had forcibly raped and committed sexual assault on 3/11/2018 to the victim who is a minor girl of Kongkan Vilage, Kamjong District. It has been submitted that after his arrest on 5/11/2018, the petitioner has been under Judicial Custody till today. The learned counsel further submitted that while the petitioner was in judicial custody since his arrest, the I.O. of the case submitted the charge sheet against the petitioner only on 11/11/2019 after more than 1 (one) year of the arrest of the petitioner and beyond the statutory period, however, the petitioner could not file any bail application in time before filing charge sheet for granting statutory bail due to financial constraint and lack of legal knowledge.

(3.) It has also been submitted on behalf of the petitioner that the petitioner earlier approached the special Judge (POCSO), Ukhrul in 2021 by filing Cril. Misc. (Bail) No. 5 of 2021 for releasing the petitioner on bail, however, the learned Special Judge (POCSO), Ukhrul rejected the said bail application by an order dtd. 12/4/2021.