After Over 3 Years In Custody, Meghalaya HC Grants Bail To POCSO Accused; Survivor And Complainant Had Been Examined

The petitioner sought bail on behalf of accused Debu Singh, who was facing trial in Special (POCSO) Case No. 9 of 2023, arising from Rongjeng P.S. Case No. 31 (10) of 2015 under Sections 366, 370, 370-A and 34 IPC and Sections 5(l) and 6 of the POCSO Act.

The accused had been in judicial custody for more than three years and was stated to be suffering from hernia; he sought treatment outside Meghalaya near his relatives in Rajasthan.

At the time of the application, eight of the fifteen prosecution witnesses had been examined, including the survivor and complainant.

The case arose under Sections 366, 370, 370-A and 34 of the IPC and Sections 5(l) and 6 of the POCSO Act.

The Court relied on the general principle that prolonged custodial incarceration may impinge upon an accused person’s fundamental rights and that, where the circumstances warrant, the accused may appropriately defend the case while on bail.

The Court considered that the trial was underway, eight of fifteen prosecution witnesses had been examined, and further custodial interrogation was not required.

It further found that, as the survivor and complainant had already been examined and discharged, the risk of threatening those witnesses or tampering with their evidence did not warrant continued custody at that stage.

Weighing these circumstances against the accused’s more than three years in custody, the Court granted bail, subject to conditions intended to secure his attendance and prevent interference with the proceedings.

He was required not to abscond or tamper with evidence or witnesses, to attend court when called, and not to leave India without the trial court’s permission.

The application was disposed of with no order as to costs.