Point of Law: 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.

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 arrested from his home.

[4] Ms. S.Chakraborty, learned counsel appearing for the accused submits that accused is a 62 years old man who is a next door neighbour of the victim. According to Ms. Chakraborty, learned counsel, the accused is completely innocent who has been a victim of a conspiracy. It is contended by learned counsel that investigation of the case is over and charge sheet is submitted by the investigating agency. Therefore, no purpose will be served by keeping the accused in detention for further period of time. Learned counsel, therefore, urges the court for releasing the accused petitioner on bail.

[5] In his usual fairness, Mr.S.Debnath, learned Addl. PP submits that since charge-sheet has been submitted by police, therefore, considering the old age of the accused and the pandemic situation, his bail application may be favourably considered. According to Mr.Debnath, learned Addl. PP, the punishment prescribed for the offence is also below 7 years of imprisonment and the accused has been in custody during the entire period of investigation. Moreover, commencement of the trial of the case is also likely to be delayed due to the pandemic situation. Learned counsel, therefore, does not oppose the bail application of the petitioner.

[6] From the charge sheet it appears that charges under Sections 448, 354B and 506 IPC and Section 8 of the POCSO Act have been brought against the accused. It is true that the accused is more than 62 years of age who has been in custody for more than 140 days during the investigation of the case.

[7] Having gone through the statements of the witnesses and having perused all other materials placed before this court, this court is of the view that the accused may go on bail on his furnishing bail bond of Rs.20,000/- with two sureties of like amount each to the satisfaction of the Special Judge, Gomati Judicial District on the following conditions:

(i) The accused will attend the court proceeding on every appointed date during the trial.

(ii) He will not meet any of the witnesses of the case or try to influence them by any means whatsoever.

In terms of the above, the bail petition stands disposed of.