S.G.CHATTOPADHYAY
Anjana Bhowmik (Ghosh) – Appellant
Versus
State of Tripura – Respondent
ORDER :
[1] This application under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C. hereunder) has been filed for granting bail to the accused petitioner namely Narayan Ghosh@Naru who is in custody for more than 140 days in connection with R.K.Pur P.S. case No. 2021 WRP 001 registered under Sections 447, 354B IPC and Section 6 of the POCSO Act 2012.
[2] The factual background of the case is as under:
Father of the victim lodged an FIR with the Officer in charge of Udaipur Women Police Station on 03/01/2021 alleging, inter alia, that at around 2 p.m on 28/12/2020 when his 10 years’ old daughter (name withheld to hide her identity) was changing her clothes after having bath at her house, the accused, a neighbour of them, silently entered into the house and embraced his daughter. He removed her undergarments and tried to commit rape on her. Following her cry, her mother appeared and saved her. The accused fled to his home. The matter was then reported to police.
[3] Based on the FIR, police registered R.K.Pur P.S. Case No.2021 WRP 001 under Sections 447, 354B, 506 IPC and Section 6 of the POCSO Act and took up the investigation. During investigation the present accused was arr
Grant of bail - Sexual offences - Accused is more than 62 years of age who has been in custody for more than 140 days during the investigation of the case - Entitled for bail.
Granting bail under Section 439 Cr.P.C based on specific circumstances such as delay in lodging the FIR and the age of the prosecutrix being above 16 years, without expressing any opinion on the meri....
The court established that bail can be granted when the allegations do not substantiate the charges and when the trial is expected to be lengthy, ensuring the rights of the accused are protected.
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