JUDGMENT

[1] Apprehending arrest in West Agartala P.S Case No.2020WAG206 under Sections 377 /506 IPC and Section 5 read with Section 6 of the POCSO Act FIR named accused Indrajit Ghosh has filed this application under Section 438 of the Code of Criminal Procedure, 1973 (Cr. P.C hereunder) seeking release on pre arrest bail.

[2] The background facts of the case are as under:

The informant father of the victim (named withheld) lodged an FIR with the Officer-in-charge of the Ramnagar Police Outpost alleging, inter alia, that the accused who is a private tutor of his nine years old son committed sexual assault on his son by inserting his penis into the anus of his son. At the time of committing such offence the accused private tutor of his son gagged him so as to prevent him from shouting. After committing the offence the accused warned the son of the informant that in case the incidence was divulged by him to anybody, his parents would be killed and he would be handed over to police. After the occurrence symptoms of illness appeared. When his father asked him as to what happened to him, initially he was reluctant to say anything. Later, he told his mother that he was feeling pain in his