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Judgment
Shivakant Prasad, J
This is an application under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner, inter alia, on the ground that he is in custody for the last five months and the charge sheet in connection with Santipur Police Station Case No.27 of 2020 dated 15.01.2020 under Sections 8/12 of the Protection of Children from Sexual Offences Act, 2012, as charge sheet no.58 of 2020 dated 14.02.2020 under Section 354 of the Indian Penal Code read with Section 8/12 of the POCSO Act, 2012 has been submitted.
It is submitted on behalf of the petitioner that the First Information Report (F.I.R.) is the outcome of the long standing family dispute pertaining to landed dispute relating to egress and ingress as the father of the victim is alleged to be the neighbour of the petitioner.
Mr. Saswatagopal Mukherjee, learned advocate appearing for the State submits that the charge sheet has been submitted and the allegation as reflected in the statement of the victim under Section 164 of the Criminal Procedure Code is that the petitioner had touched the private part of the minor daughter of the complainant. It is submitted that the petitioner is not the private tutor rather it is the outcome of the long standing family dispute and on the way in a public place there was allegation of simply touching the body. Since, the charge sheet has already been submitted and that the date is fixed for supply of the copies to the petitioner, who is in jail custody for the last five months and further in consideration of the Pandemic situation due to Corona Virus in and around and the for the purpose of avoiding crowd in the jail premises, the bail is considered and allowed.
Accordingly, I direct that the petitioner shall be released on interim bail upon furnishing bond of Rs.5,000/‐ (Rupees Five Thousand Only) with two personal bonds of like amount each to the satisfaction of the learned Special Judge, POCSO, Ranaghat and on further condition that on the date fixed he must appear before the trial court when the normalcy is restored.
This application for bail is, accordingly, allowed.
CRM 3967 of 2020 and CRAN 2197 of 2020 are disposed of.
All parties are to act on the server copy.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.