LIGE ORI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. M. Kato, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. D. Kamduk, learned counsel for the respondent No. 2

(2.) This is an application under Sec. 439(2) of the Code of Criminal Procedure, 1973, for cancellation of bail order dtd. 18/7/2023, passed by the learned Sessions Judge, Aalo, in B.A. No. 13/2023, in connection with Aalo WPS Case No. 11/2023, under Ss. 376/511/354/506 of the Indian Penal Code read with Sec. 8 of the POCSO Act, 2012.

(3.) The brief facts of the case is that an F.I.R. was filed before the Officer-In-Charge, Women Police Station, Aalo, West Siang District, Arunachal Pradesh, on 3/7/2023, alleging inter alia that on 1/7/2023, at around 1.45 p.m., the victim, namely, Ms. X (name withheld), aged about 13 years, was locked inside the room by the present accused/respondent No. 2 and attempted to commit rape on her and in that process, the accused sexually assaulted her and also kissed her in her private parts several times. The accused also threatened her not to disclose to anyone about the incident. Thereafter, on the strength of the said F.I.R., a case was registered under Women Police Station, Aalo, vide Aalo WPS Case No. 11/2023, under Ss. 376/511/354/506 of the Indian Penal Code read with Sec. 8 of the POCSO Act, 2012. The accused was accordingly arrested on the same day of lodging the F.I.R. However, the learned Sessions Judge, Aalo, West Siang District, vide order dtd. 18/7/2023, granted bail to the accused at the very nascent stage of investigation and even before recording of the statement of the victim under Sec. 164 Cr.P.C., which is mandatory to be recorded before the Magistrate. It is further stated that the learned Court below granted the bail hastily even without considering the prayer made by the I.O. of this case, who produced the relevant Case Diary and objected in granting bail to the accused. Further, despite there being a vehement objection by the prosecution, the learned Court below granted bail to the accused person vide impugned order dtd. 18/7/2023.