The Meghalaya High Court on Friday granted bail with pre-conditions to an accused arrested on charges of kidnapping and raping a mentally challenged girl.
A single bench of Justice of Wanlura Diengdoh directed the accused, Sambha Timung, to not abscond or tamper with the evidence and prevented contact with the survivor till completion of the trial. He has been directed to pay a personal bond of Rs. 30,000 with one surety of like amount to the satisfaction of the trial court.
Any violation would amount to cancellation of the bail, the court said.
“The case is no doubt serious in nature, but it has to be reminded that when an application for grant of bail is preferred at the stage when the charge sheet has been filed, it would be incumbent upon the court to consider the evidence on record,” Justice Diengdoh said.
The court also said the victim named two persons—Bahdeng and Duh—in her statement, but prima facie, it cannot be established as to whether the individuals are perpetrators.
Timung, who is sick, has been in custody for a year with 22 witnesses to be examined by the court.
“Even in the face of the grievous offences, the court should not lose sight of the fact that an accused person is presumed to be innocent until proven guilty, and taking into account attending factors, his right as enshrined under the Constitution of India cannot be taken for granted by the court. This being the case, in the peculiar facts and circumstances of the case, this Court is inclined to allow the prayer (for bail) of the petitioner,” the High Court said.
