MD. HASSAN Vs. OFFICER-IN -CHARGE, WOMEN POLICE STATION

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 439 Cr.P.C to enlarge him on bail in connection with the Special Trial (POCSO) Case No.8 of 2019/14/2020 with reference to FIR No.19(08)2018 on the file of the Fast Track Special Court No.2, Manipur.

(2.) The case of the prosecution is that on 16/8/2018 at 5.10 p.m., the complainant reported to the Officer-in-Charge of Heingang Police Station that his daughter was kidnapped from his house by the petitioner to be his wife without her consent and she was kept concealed in collusion with the family members of the petitioner. Upon receipt of the complaint, the Officer-in-Charge of Heingang Police Station forwarded the said complaint to the Officer-in- Charge of Women Police Station, Imphal East and the Women Police Station registered the FIR bearing FIR No.19 of 2018 against the petitioner under Sec. 366A/34 IPC and Sec. 4 of POCSO Act, 2012 on 5/12/2019. The petitioner was arrested on 5/2/2019 and after investigation, the investigating officer has filed charge-sheet against the petitioner before the Fast Track Special Court No.2, Manipur and cognizance was taken as Special Trial (POCSO) Case No.8 of 2019.

(3.) Mr. Th. Jugindro, the learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in the alleged crime. He would submit that before submitting the charge-sheet in connection with the aforesaid FIR, the petitioner had co-operated with the investigating officer. Since charge-sheet has been filed and the trial is about to begin, there is no question of hamper or tamper with any prosecution evidence or terrorize the witnesses after the petitioner is released on bail.