Manipur High Court

Oinam Rakesh Singh vs The Officer-In-Charge on 12 March, 2021

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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

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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

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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

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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.

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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

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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

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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

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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

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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