HC dismisses bail plea of ex-MLA Julius Dorphang

Syllad | The Rising MeghalayaAugust 27, 2020

The single bench of the Meghalaya High Court on Thursday dismissed the bail application of former legislator from Mawhati, Julius Kitbok Dorphang, who was arrested and jailed for raping a 14-year-old girl.

“In view of the above, I am of the opinion that the petitioner has not been able to make out a case for grant of bail. This petition is accordingly dismissed,” Justice W Diengdoh said in his judgment.

Dorphang was booked under the POCSO Act in 2017, for alleged sexual assault on a 14-year-old girl, who was rescued from a sex racket that has many people involved.

He was arrested from an inter-state bus terminus (ISBT) at Gorchuk, Guwahati in neighbouring Assam after absconding from the state for 11days following the FIR filed by State Commission for Protection of Child Rights (SCPCR).

Two FIRs have been filed by the SCPCR against him which were based on the statements made by the victim girl, who identified his photograph as one among the accused, one in Laitumkhrah police station while the other in Ri Bhoi District.

During the hearing, the State respondent has stressed on the contention that the petitioner was charged with very serious offences involving a minor victim who is a rustic village girl and the petitioner being a man of influence having been a member of the Legislative Assembly of Meghalaya, if released on bail, he will most likely influence and intimidate the witnesses.

It was also submitted that considering the nature and gravity of the offence, being one under the POCSO Act, the mere fact that the petitioner has been in jail custody for a long time cannot be the yardstick for grant of bail to the petitioner.

Dorphang has claimed entitlement to be enlarged on bail that nothing adverse has been found against his character and conduct while in custody for more than three and a half years.

Another factor relied upon by the former MLA is that one of the co- 5 accused has already been enlarged on bail by this Court vide order passed on December 6, 2019.

However, Justice Diengdoh said, “I have given my anxious consideration to the matter in hand, particularly since it involves the liberty of a citizen who is entitled to his fundamental rights, including the benefit of Article 21 of the Constitution of India. It is well settled that the golden principle of bail jurisprudence is that “bail is the rule and jail an exception”.

“It is also well settled that consideration for grant or refusal of bail would mainly depend on the facts and circumstances of a particular case. The fact that the recording of evidence is complete in the Nongpoh case, while evidence has not yet been led in the Jowai case, the presumption would arise that given the antecedents of the petitioner herein, the prosecutrix and other witnesses may not be able to give their statement in a congenial atmosphere,” he said.

Meanwhile, the bench has also dismissed the petition filed by Dorphang against order passed by the Special Judge (POCSO), Nongpoh on September 4, 2018, which dismissed the application for   

determination of the age of the prosecutrix.

“The approach of the Trial Court while dealing with the application in question has the characteristics of an enquiry and the conclusion arrived at is a consequential result of the same and as such, this Court is in agreement with the submission of the learned AAG that there is nothing wrong with the impugned Order, the provisions of Section 397 Cr.P.C are therefore not attracted in this instant case. In view of the above, this Court finds that this application is bereft of merits and the same is accordingly dismissed,” the bench said in its judgment.