Manipur High Court
Oinam Rakesh Singh vs The Officer-In-Charge on 12 March, 2021
Author: M.V. Muralidaran
Bench: M.V. Muralidaran
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Yumkh Digitally signed
by Yumkham IN THE HIGH COURT OF MANIPUR
am Rother
Date:
AT IMPHAL
2021.03.12
Rother 13:20:58 +05'30' Bail Application No. 1 of 2021
Oinam Rakesh Singh, aged about 22 years, S/O O.
Biramani Singh, resident of Kodompokpi Maning Leikai,
P.O. & P.S. Nambol, District Imphal West, Manipur.
-- -- -- Petitioner
- VERSUS -
The Officer-in-Charge, Kakching Women Police Station,
P.O. & P.S. Kakching, Kakching District, Manipur-795103.
-- -- -- Respondent
BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN For the petitioner :: Mr. N. Surendrajit, Advocate For the Respondent :: Mr. H. Samarjit, PP Date of Hearing and Reserving Judgment & Order :: 16.02.2021 Date of Judgment & Order :: 12.03.2021 JUDGMENT AND ORDER (CAV) This petition has been filed by the petitioner under Section 439 of Cr.P.C. seeking regular bail in connection with FIR Bail Application No. 1 of 2021 Page |2 No.76(10)2020 of Kakching Police Station registered under Section 376/366-A/417 IPC and Section 4 of POCSO Act.
2. It is the case of the prosecution that on 31.10.2020 at 4.10 pm, the complainant Kshetrimayum Chaoba Singh reported to Kakching Police Station to the effect that on 24.10.2020 at around 3.45 pm, his minor daughter Jusiepriya Kshetrimayum was called out from his house by the accused Naorem Prasanta Singh and she was kidnapped to be his wife and thereby he committed sexual offence without her consent. Further case of the prosecution is that upon interrogation, the main accused admitted that he had called the victim through his mobile on 24.10.2020 and persuaded her to elope. After persuasion, he eloped with the victim girl after meeting her on the same day from entrance junction of the victim locality. He further admitted that he along with his two friends were present who helped him during the whole journey after the commission of crime.
3. The learned counsel for the petitioner submitted that the petitioner is quite innocent of the charges levelled against him and that he has been wrongly implicated into the case with false story. The learned counsel further submitted that the Bail Application No. 1 of 2021 Page |3 petitioner was only helping the main accused in eloping the victim girl as the main accused was his friend and that the petitioner did not know that the victim was a minor girl.
4. On the other hand, the learned Additional Public Prosecutor for the State submitted that the petitioner was arrested on 2.12.2020 and on the preliminary interrogation, the petitioner had stated that he along with one of his friends namely Thokchom Bohthai Singh helped the main accused in kidnapping the victim girl. Since the petitioner is guilty of the offence punishable under Section 376/366-A/417/34 IPC and Section 4 of POCSO Act, he cannot be released on bail.
5. This Court considered the submission raised by the learned counsel for the parties and perused the documents available on record.
6. The grievance of the petitioner is that he accompanied one of his friends for a drive to Kakching side on 24.10.2020 where his girl friend resides. After reaching Kakching, his friend Naorem Prasanta Singh called out his girl friend for having a cup of coffee and the said girl came out and they had coffee and talked for a while. Thereafter, they came out Bail Application No. 1 of 2021 Page |4 and as proposed by the said girl, she eloped with his friend Naorem Prasanta Singh. On the way back home, the petitioner was dropped at his residence and requested by his friend to inform his parents about the elopement. Accordingly, the petitioner informed the parents of Naorem Prasanta Singh about the elopement. Immediately, the father of the girl and two local elders went to the house of the eloped girl for giving information of the elopement and also for settlement of the marriage on the next day. The eloped girl was dropped at her parental house in the evening on the same day.
7. Thereafter, on the complaint lodged by the father of the girl, an FIR was registered against his friend Naorem Prasanta Singh and he was arrested on 13.11.2020. Based on the statement of Naorem Prasanta Singh, on 2.12.2020, the petitioner was arrested and remanded to police custody and till date he is in jail.
8. The learned counsel for the petitioner submitted that the name of the petitioner does not appear in the FIR and that there is no material on record for showing that the petitioner was involved in the commission of the crime alleged in the FIR. Bail Application No. 1 of 2021
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9. In reply, the learned Additional Public Prosecutor submitted that on interrogation, the accused Naorem Prasanta Singh admitted that he along with his two friends were present who helped him during the whole journey after the commission of the crime. He would submit that since the petitioner has helped for elopement of the victim with the accused Naorem Prasanta Singh, the petitioner is not entitled to get the regular bail.
10. The learned Additional Public Prosecutor further submitted that since serious allegation was levelled against the petitioner and the offence relates to POCSO Act, the instant bail petition is liable to be dismissed.
11. It appears that earlier the petitioner approached the Learned Special Judge (POCSO), Thoubal seeking bail. By an order dated 5.12.2020, the learned Special Judge dismissed the bail. Thereafter, the petitioner has approached this Court for regular bail.
12. Taking through the decision of the Hon'ble Supreme Court in the case of Siddharam Satlingappa Mhetre v. State of Maharastra, reported in (2011) 1 SCC 694, the learned counsel for the petitioner submitted that the Courts must evaluate the Bail Application No. 1 of 2021 Page |6 entire available material against the accused very carefully and that the Court must also clearly comprehend the exact role of the accused in the case. He would further submit that the offence for which the accused is implicated is Sections 34 and 149 of IPC, the Court should consider with even greater care and caution.
13. The materials produced by the counsel appearing on either side would reveal that the role of the petitioner is that he helped the main accused Naorem Prasanta Singh in commission of the crime of kidnapping the victim girl, who was alleged to be aged 15 years at the relevant point of time. Except the allegation that the petitioner helped the main accused for elopement, there is no other allegation against him. In the affidavit-in-opposition, the respondent State, inter alia, stated that the victim had wilfully gone with the accused just to show him around Kakching area as he was her facebook friend and had never met face to face before. Thus, based on the statement of the main accused, the respondent police arrested the petitioner on 2.12.2020 and he was in jail till date.
14. In his bail petition, the petitioner stated that he is ready and willing to co-operate with the investigating officer and he will not hamper or tamper the prosecution proceedings, if he Bail Application No. 1 of 2021 Page |7 is released on bail. Further, the petitioner will not be abscond from the prosecution proceedings and the petitioner is ready to abide by the conditions imposed by this Court for granting bail.
15. The law is settled that a minor girl is to be protected under the law, as there are number of incidents of sexual abuse of minor girls and therefore, POCSO Act came. Further, the judiciary takes a serious note of sexual offences against women and particularly against the minor girls.
16. In the case on hand, barring the allegation that the petitioner herein aided his friend to elope with the victim girl, there is no other specific allegation against the petitioner herein. The said fact is not disputed by the prosecution.
17. In such view of the matter, considering the facts and circumstances of the case and taking note of the fact that the petitioner was in custody from 2.12.2020 and his limited involvement in helping the elopement of the main accused with the victim girl, this Court is inclined to enlarge the petitioner on bail. Accordingly, the petition is allowed and the petitioner is ordered to be enlarged on bail in the aforesaid FIR, subject to his furnishing personal bond in the sum of Rs.25,000/- with two local Bail Application No. 1 of 2021 Page |8 sureties in the like amount to the satisfaction of the Learned Special Judge (POCSO), Thoubal, with the following conditions:
i. He shall report before the respondent police daily at 10.00 A.M. until further orders.
ii. He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application.
iii. He shall not leave the territorial limits of the trial Court without prior permission. iv. He shall not tamper or intimidate the prosecution witnesses.
v. He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade Bail Application No. 1 of 2021 Page |9 him from disclosing such facts to the Court or the Police Officer.
vi. It is clarified that if the petitioner misuses the liberty or violate any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. vii. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone.
18. Registry is directed to issue copy of this order to both the parties through their WhatsApp/e-mail.
JUDGE FR/NFR Sushil Bail Application No. 1 of 2021