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2022 DIGILAW 621 (GAU)

Pucha Gadi, S/o Shri Mikpu Gadi v. State of AP, Represented through Special Public Prosecutor

2022-06-13

KAKHETO SEMA

body2022
ORDER 1. Heard Mr. M. Pertin, learned Sr. counsel for the applicant and Mr. O. Pada, learned Special P.P. for the State of Arunachal Pradesh. 2. This is an application filed by the applicant under section 439 of the Cr. P.C 1973 for enlargement of the applicant on bail in connection with Seijosa P.S Case No. 04/2021 under section 323/376 of IPC read with section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and section 6 of the Protection of Children from Sexual Offences Act, 2012. 3. By the order dated 11.05.2022, this Court had made the following observations; “Taking note of all the facts and circumstances, it is provided that the Registry shall list the matter on 13.06.2022. On that day the counsel for the respondent shall produce the statement of witness Montu Porja before the Court. And in the event of failing to produce the statement of the witness namely Shri. Montu Porja before this Court, the Court will proceed to hear bail petition for the accused without such statement.” 4. Today when the matter is called, the learned Special P.P submits that the whereabout of one of the prosecution witness in the case namely Shri. Montu Porja cannot be traced and therefore his statement has not been recorded. It is however, submitted by the learned counsel for the parties that the trial of the case is in progress 5. This Court upon hearing the learned counsel for the parties and on pursual of the record of the case and also considering that the offences charge against the accused is serious in nature and the trial of the case is in progress is not inclined to grant bail to the applicant/accused at this stage. The learned trial court shall however make an endeavour to dispose the case as early as possible for dispensing justice to the parties. 6. This bail application is accordingly disposed. 7. Send back the LCR forthwith.