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Judgment
The instant application under Section 483 of the BNSS, 2023 read with Article 226 of the Constitution of India has been filed praying for release of the alleged accused Shri. Putoh Yoaham, on bail in connection with GR 28/2026 arising out of Tizit Women PS Case No.003/2026 u/s 74 & 75(ii) BNS r/w Section 8 of the POCSO Act.
Heard Mr. Sentiyanger, learned counsel for the Petitioner. Also heard Mr. Veto V. Zhimomi, learned Public Prosecutor for the State of Nagaland.
The Case of the Petitioner herein is that on 27.06.2026, the counsel for the accused had traveled to Mon district from Kohima in connection with the present matter and Certified True Copies of the documents were obtained from the Special Judge, POCSO Act, Mon. Subsequently, the petitioner filed Interlocutory Application (Bail) No.16/2026 before the Special Judge, POSCO Mon on 29.06.2026 praying for bail on behalf of the accused person.
On 30.06.2026, the said bail application was placed before the learned Special Judge, POSCO, for fixing a date, which was accordingly fixed on 21.07.2026. The counsel for the accused waited at Mon without returning back to Kohima. However, on 21.07.2026 the Presiding Officer of the Special Judge, POSCO Court, Mon, remained unavailable citing personal difficulties. Thereafter, on 27.07.2026, the counsel for the accused went to the Court and inquired from the Peshkar about the next available date and was informed that the next causelist is from 18.08.2026 to 24.08.2026 and therefore, the counsel for the accused returned back to Kohima on 03.08.2026. The petitioner has also enclosed the to and fro tickets of the counsel as Annexure-2 & 3 in the petition.
On 17.08.2026, the counsel for the accused again contacted the Peshkar of the Special Judge, POSCO Court regarding the availability of the Presiding Officer so that the counsel can travel to Mon. However, he was informed that the Presiding Officer is out of station on medical ground. Since the matter had been delayed since June 2026, the counsel for the petitioner requested for taking up the matter through VC, however, the same could not be done citing technical issues. In the meantime, more then 2(two) months has lapsed since the filing of the Interlocutory Application (Bail) No.16/2026 before the learned Special Judge, POSCO Act, Mon and the accused has been languishing in jail since his arrest on 03.05.2026.
In view of the above facts and circumstances, this application is disposed of at the Motion stage with a direction to the learned Special Judge, POSCO, Mon to dispose of the pending Interlocutory Application (Bail) No.16/2026 within a period of 1 (one) week from the date of receipt of this order positively.
Needless to say, the Petitioner is at liberty to approach this Court afresh, if so advised.