Decided on February 05,2021

Karma Sherpa Appellant


BHASKAR RAJ PRADHAN,J. - (1.) This is an application under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail for the applicant who is under trial. The First Information Report (FIR) was lodged against him on 15.05.2019. On the same date he was arrested and since then he has been incarcerated. He is presently lodged at Rongyek, Jail, East Sikkim. According to the applicant he is 22 years old and the charge against him is that he has committed sexual assault on a 15 year old victim. The investigation completed, the prosecution filed a charge sheet on 30.07.2019. On 21.09.2019, it has been informed, charges under section 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012) as well as under Section 354 of the Indian Penal Code, 1860 (IPC) were framed against the applicant. The trial has progressed and as of now 7 witnesses have been examined. 7 more witnesses are yet to be examined. The last date scheduled by the learned Special Judge for examination of the prosecution witnesses is 17.05.2021.
(2.) The records reveal that the learned Sessions Judge had rejected the applicant's application for bail on 30.05.2019 on the ground inter-alia that the investigation was in progress. The second bail application was rejected on 25.08.2020 on the ground that victim had deposed about the sexual assault and therefore, it was not the case of being incarcerated without any basis. Further, it was also held that the offences were of serious nature, trial was under progress, some of the witnesses are yet to be examined and given the nature of the case the possibility of the applicant trying to abuse his liberty cannot be ruled out. In so far as the applicant's medical condition is concerned it was observed that the jail authorities had extended the required medical facilities to the applicant in jail.
(3.) Ms. Zola Megi, learned counsel for the applicant urges this bail application once again on the applicant's medical condition and on the ground that the trial now being substantially over, the main witnesses have been examined and secured. It is also urged that the applicant had just completed school, aged about 22 years only and as such he is neither in a position to influence the witnesses or tamper with evidence. It is urged that the applicant has no past criminal record.;

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