Chinu Begam On Behalf of Accd. Iman Miah vs State Of Tripura

Arindam Lodh, J

Heard Mr. P. Sen Choudhury, learned counsel appearing for the petitioner as well as Mr. Ratan Datta, learned PP assisted by Mr. S. Debnath, learned Additional PP appearing for the State-respondent.

This is an application filed under section 439 Cr.P.C. for granting bail to the accused, Iman Miah, in connection with Amtali PS case no. 2021 AMT 0101 registered under sections 120 B/ 363 of the IPC with added Section 376 of the IPC and Section 4 of the POCSO Act, 2012.

Mr. Sen Choudhury, learned counsel for the petitioner has submitted that the victim was recovered on the same date. The accused person was also arrested and after recovery of the girl, she was medically examined. Mr. Sen Choudhury, learned counsel also has submitted that the accused is in custody for more than 82 days.

Learned PP has produced the case diary and has submitted that her age is more than 16 years.

I have perused the case diary.

I have also perused the medical report. There is no mark of injury, as doctor detected her after her recovery.

Since the accused has been in custody for more than 82 days, I think his further detention is not necessary for the reason that investigation has almost been completed. The Investigating Officer has recorded the statement of the witnesses under Section 161 Cr.P.C., and the statement of the victim girl was also recorded under section 164(5) Cr.P.C. The victim was also medically examined. The age of the victim is under question, however, that will be considered at the time of trial.

For granting bail to the accused I have considered that he has been in custody for more than 82 days, and from the submission of learned PP, it comes to light that there is no possibility of filing charge-sheet within the next 8 days. I have also considered that the victim at present has attained the age of more than 16 years.

Accordingly, I direct the accused, Iman Miah to be released on bail on the following conditions:-

(i) The accused shall not leave the jurisdiction of Amtali police station for the next 3 months;

(ii) The accused shall appear before the investigating officer once in a week for the next 4 weeks;

(iii) The accused shall co-operate with the investigating agency in all respects.

The accused, Iman Miah shall be released on bail on furnishing a bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned Special Judge (POCSO), West Tripura, Agartala.

With this observation and direction, the instant application stands allowed and disposed of.

Return back the case diary.