Wednesday, January 26, 2022

Dimapur minor girl molestation case: High Court cancels interim bail order to school principal

By Eastern Mirror Updated: Jun 29, 2021 9:33 pm

Our Reporter
Dimapur, June 29 (EMN): The Gauhati High Court, Kohima Bench, has quashed the interim bail granted to the principal of a Dimapur-based school who was accused of molesting a minor girl in the premises of the institute.

The accused, Sandeep K Jain, was arrested on April 7 after an FIR was lodged before the officer-in-charge of Women Police Station Dimapur on charges of allegedly molesting a 4-year-old girl. However, the Special Judge, fast-track special court (FTSC) Dimapur, on May 29 granted interim bail to the accused till June 29 “on the ground of illegal detention and medical ground”.

Following prayer by the state petitioner for cancellation of the interim bail, the Gauhati High Court took up the case, wherein it termed the basis on which the lower court had granted bail to the accused as “questionable”.

In its ruling on June 28, the High Court observed that ‘to rely on the fact that the I.O. had not prayed for remand after May 21 is something which is totally against the record placed before the Court’ that stated ‘the charge sheet has been submitted to the court on May 17’.

Regarding granting of bail on medical ground, the court stated that ‘nothing is reflected on record which suggests that the accused was having medical issues’.

“There is no report whatsoever prior to filing of the bail application that the accused was suffering from any ailments either before the authority of the jail nor before the learned Magistrate nor the learned Principal District Judge nor before the Special Judge, Protection of Children from Sexual Offences (POCSO),” the order read.

“Having considered all the pleas, this Court has come to the undoubted conclusion that the learned Special Judge (FTSC) was in error in considering the bail of the accused on the ground of illegal detention and medical ground,” read the order, adding that the impugned order passed on May 29 has been “quashed and set aside”.

“The accused shall be committed to judicial custody for fair trial. The accused is at liberty to move the Special Court, POCSO for bail by filing appropriate medical documents from the medical board. The Superintendent of Jail, Dimapur is also directed to provide all necessary medical care to the accused,” the court order continued.

By Eastern Mirror Updated: Jun 29, 2021 9:33:51 pm