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Judgment
W. Diengdoh, J
Heard Ms. S. Nongsiej, learned counsel for the petitioner, who has submitted that this is an application under Section 439 Cr.P.C with a prayer for grant of bail to the petitioner in connection with Special (POCSO) Case No. 145 of 2022 pending before the Court of the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh.
It is also the submission of the learned counsel that since the inception of the case, the charge sheet having been filed and the petitioner/accused being brought to trial, the fact remains that even after more than a year, no witnesses have been examined by the learned Trial Court for the reason that the complainant as well as the survivor failed to appear before the Trial Court. On the ground that the delay in the proceedings cannot be attributed to the petitioner/accused, therefore, he is entitled to be enlarged on bail.
Mr. R. Gurung, learned GA has appeared and accepted notice on behalf of the State respondent Nos. 1 & 2 respectively. However, the learned counsel for the petitioner has prayed that she may be allowed to take steps for issuance of notice upon the respondent No. 3. Prayer is allowed.
Let steps be taken accordingly, the same returnable within 2(two) weeks.
List this matter thereafter.