R.ARIYA Vs. OFFICER-IN-CHARGE

JUDGEMENT

(1.) Heard Mr. Worshingpam H, learned counsel appearing for the petitioner and Mr. Y. Ashang, learned PP appearing for the respondent.

(2.) The present application has been filed under Article 227 of the Constitution of India r/w Ss. 482, 438 of Cr.P.C, 1973 with prayer to release the accused/petitioner on bail in the event of his arrest in connection with FIR No. 3(6)2024, WPS/UKL U/S 8 POCSO, Act, 2012 with the following prayers:

(3.) The brief fact of the petitioner's/accused's case is that he is serving as a Pastor for Kharasom Lazo Village, Ukhrul District and holds a reputable status in the society with no negative remark and without any criminal antecedent. The learned counsel for the petitioner/accused submits that he is at an advanced stage of age and is suffering from various ailments ranging from chronic asthma, diabetes and other old age related ailments, requiring constant medical observations and treatments, resulting from the physical assault inflicted on his body by the Kharasom Villagers in connection with the present FIR case. He further submits that the petitioner/accused is innocent and has been falsely implicated into the alleged offence and there are also no prima facie to indicate any motive or intention of the petitioner/accused to commit an offence punishable u/s 8 of the POCSO, Act. It has also been submitted that the cause of action arose on 8/5/2024 and the complainant has lodged the complaint/FIR on 3/6/2024, nearly after a gap of one month with ulterior motives and due to long pending inter village feud without any substance with an intent to harass, torture and tarnished the image of the present petitioner/accused.