The Session Judge, Imphal West on Friday dismissed an application filed for granting pre-arrest bail along with interim bail of Saina Institute of Medical Science (SIMS) founder cum managing director Yumnam Surjitkumar.
A 21-year-old student was sexually assaulted by the founder cum managing director of Saina Institute of Medical Sciences (SIMS), Yumnam Surjitkumar Mangang after giving her a cold drink which was allegedly mixed with sleeping pills. A complaint was lodged at Lamphel Women Police Station against Surjitkumar on charges of kidnapping and raping a student of the institute on August 14 by the family of the student.
In connection with the FIR, the founder, through counsel, filed an application for granting pre-arrest or interim bail.
Counsel for the accused submitted that the accused and victim have love affairs and willingly eloped and there is no offence as alleged.
However, PP for the state opposed the bail application filed on the same fact as similar application filed by the accused being Cril Misc (AB) Case No. 222 of 2022 was withdrawn on August 24, after submission of bail report by the investigating agency. It is submitted that no new facts have been mentioned and hence the application may be rejected as not maintainable.
The court, on perusal of the case records, found that the accused filed an application u/S 438 CrPC on August 22 [being Cril Misc (AB) Case No. 222 of 2022] and called for a report on August 24. On submission of the bail report, the first bail application was withdrawn as not pressed. The first application was filed through another counsel.
It also found that the second bail application filed on Friday was signed on August 23 by the accused and the declaration was also verified on August 23. The subsequent fact of withdrawal of first bail application and reasons for filing second bail application are not disclosed in the second application, the court stated.
Thus, the court refused to entertain the second bail application under section 438 CrPC and dismissed the application.