A young accused with no prior criminal record may be granted pre-arrest bail if willing to cooperate with the investigation in serious allegations against him.

JUDGMENT

1. Matter taken up via video conferencing.

2. Heard learned Sr. Counsel Mr. A. S. Siddiqui along with Ms. M.K. Sah learned counsel who has submitted that the petitioner on being apprehensive of imminent arrest in connection with Ampati Women PS Case No. 20(11)2021 under section 3(a)/4 of POCSO Act r/w section 447 IPC has approached this Court by way of this application under section 438 Cr.PC for grant of pre-arrest bail.

3. The petitioner's version is that he is a carpenter by profession and has a partner Shri Monzil Miah of the same village that is Nayapara. In course of their business relation, the petitioner made an allegation that Shri Monzil Miah had mis-appropriated his profit share of the business and when he went to his house (Monzil Miah) requesting for payment, the said Monzil Miah along with his wife and other persons locked him in a room. Somehow, the petitioner managed to flee from there.

4. To the surprise of the petitioner, he later learnt that the wife of Monzil Miah had lodged an FIR on 22.11.2021 alleging that he had trespass into the house and had gone to the room of his minor daughter and had sexually assaulted her.

5. The learned Sr. Counsel has further submitted that when the petitioner did not come home, his elder sister had lodged an FIR on 23.11.2021 informing the police about his disappearance and has also alleged that Shri Monzil Miah is suspected to be behind the said disappearance.

6. However, the petitioner later came to know that the police are on the lookout for him in connection with the said FIR lodged by the wife of Shri Monzil Miah and as such, being apprehensive of the likelihood of arrest, the petitioner has accordingly approached this Court as aforesaid.

7. The learned Sr. counsel has submitted that the petitioner is innocent and he is not at all involved in the alleged sexual assault, the same was made only to intimidate him when infact, he was the one who was assaulted and illegally confined by the complainant and her husband and others.

8. It is also submitted that this Court had granted interim bail to the petitioner and accordingly, the petitioner had appeared before the Investigating Officer and has fully cooperated with the proceedings.

9. The petitioner, if enlarged on bail will abide by any conditions imposed by this Court and will not indulge in any illegal or anti-social activities.

10. Mr. R. Gurung learned GA while opposing the prayer made in this application, has submitted that the contents of the case diary would show that the petitioner has actually committed the offence as alleged inasmuch as from the statement of the victim girl and the medical report, it is very clear that she has been sexually assaulted by the petitioner. However, in the light of such serious allegation, the Investigating Officer is required to question the petitioner in custody and as such, the prayer for pre-arrest bail may not be granted.

11. Upon hearing the submissions made by the parties and on perusal of the case diary, it is noticed that the Investigating Officer on receipt of the instruction from the Officer In-Charge, Ampati Police Station had taken necessary action inasmuch as, the alleged victim girl was referred to Ampati Civil Hospital for medical examination which was done so on 23.11.2021. The medical report would show that there are indications of sexual activity inasmuch as, the M HO had opined that on examination, the hymen was torn with bruises at the forearm. The alleged victim in her statement under section 161 Cr.PC had also narrated that while she was studying for her matriculation on 22.11.2021, at around 2:00PM, the petitioner/accused person entered fr