IMPORTANT POINT
The main legal point established in the judgment is the court's reliance on the principles of bail to secure the accused's appearance at trial and the presumption of innocence until proven guilty, as well as the consideration of hardship in custody before conviction and the need for extraordinary circumstances to justify deprivation of liberty.

JUDGMENT

1. The applicant has approached this Court with this application made under section 438 Cr.P.C for grant of pre-arrest bail in connection with Tura Women PS Case No. 45(04)22 under section 7/8 POCSO Act.

2. The genesis of the matter relates to an incident which occurred on 09.04.2022 at about 1:00 P.M when one Miss X (name withheld) aged about 13 years came to the shop of the applicant along with her grandmother for the purpose of completing the formalities to obtain her Aadhaar Card, apparently, the shop of the applicant being one of the facilitation centres. However, while the said minor girl was inside the shop and in the process of having her particulars taken, after a while, she came out crying and alleged that the applicant has inappropriately touched her body including her breast, thigh and private parts. On being informed the father of the said victim girl filed an FIR against the applicant and which an FIR was registered as Tura Women PS Case No. 45(04)22 under section 7/8 POCSO Act.

3. The applicant, it appears after the said incident had immediately closed his shop and fled from the scene.

4. In the meantime, on investigation, the Investigating Officer (I/O) had recorded the statement of the victim and other witnesses. The applicant who is the main accused however could not be apprehended.

5. The applicant in the meantime, apprehending arrest in the said case had approached the Court of the learned Special Judge (POCSO), West Garo Hills, Tura with an application for anticipatory bail which was however rejected vide order dated 10.05.2022. Accordingly, the applicant then approached this Court with this instant application.

6. Ms. C. B. Sawian, learned counsel for the petitioner, has submitted that the applicant is innocent and has been falsely implicated in the case as a result of which the police are on the look out to arrest him and as such, apprehending arrest, has accordingly approached this Court with a prayer for grant of pre-arrest bail. It is further submitted that the applicant is the sole bread earner of the family and his wife is eight months' pregnant and in the event of his arrest, his wife who is dependent on him shall suffer tremendous hardship in taking care of herself and the baby.

7. It is also further submitted that the applicant has no previous criminal record and, in the event, he is enlarged on bail, he would undertake to comply with any conditions imposed by this Court. It is finally prayed that this application may be allowed and in the event of his arrest the applicant may be enlarged on bail.

8. The learned Addl. P.P, Mr. S. Sengupta, has submitted that the case diary as called for by this Court is produced today and that this Court on perusal of the same may pass necessary orders.

9. On consideration of the submission made and on perusal of the case diary, the facts of the case as narrated by the applicant are more or less accurate inasmuch as fact that the alleged victim girl came to his shop for the Aadhaar enrolment formalities, however, though the applicant has denied any wrong doing, the version of the incident narrated by the complainant who is the father of the alleged victim girl and the statement of the alleged victim girl recorded under section 161 as well as under section 164 Cr.P.C would show that an allegation against the applicant has been made that he has inappropriately touched the various parts of the alleged victim's body.

10. This Court on consideration of this application, had vide order dated 13.06.2022 allowed the applicant to go on interim bail with a condition that he shall not abscond and that he should cooperate with the I/O. Pursuant to the said order the applicant had appeared before the I/O and has got his statement recorded. His version of the incident is that while taking the formalities of the girl, the necessary procedure of taking finger prints and also of adjusting the eyes to the machine for the biometric details, and in the process had pressed her finger