Sarup Das @Joshef vs State Of Tripura

Heard Mr. A. Das, learned counsel appearing for the accused-petitioner as well as Mr. Ratan Datta, learned P.P. appearing for the State-respondent.

This is a petition for granting anticipatory bail to the accused-petitioner, namely, Sarup Das alias Joshef who is evading arrest in connection with Kamalpur P.S. Case No. 2019 KMP 091, registered under Sections 365/109 of IPC and subsequently added Section 376(2)(f) of IPC and Section 6 of POCSO Act.

The father of the victim girl had lodged an FIR alleging that the accused person had fled away with the victim girl and on the basis of that FIR, the investigation was started. It was also alleged that the accused had taken the victim girl to Tamil Nadu. However, they have returned back. After returning to the State, the victim girl was taken into the custody of her parents. The investigating officer had arranged for recording the statement of the victim girl under Section 164(5) of CrPC.

Learned P.P. has produced the case diary before me. In the case diary, it is revealed that the victim girl had made a statement to the effect that she on her own will and volition had accompanied the accused person. However, later on, she came to know that the accused person is a married person.

Mr. Das, learned counsel appearing for the accused-petitioner has submitted that the matter has amicably been compromised between the parties. Mr. Das, learned counsel has produced a copy of the affidavit to learned P.P. today in the midst of hearing wherein it is stated that the complainant has no grievance against the accused person and the matter has been compromised.

The offence which is committed by the accused-petitioner is not compoundable. However, considering the present scenario of the case and particularly considering the future of the minor girl, I am inclined to release the accused-petitioner on anticipatory bail as an interim protection.

Accordingly, in the event of arrest, the accused-petitioner, namely, Sarup Das alias Joshef shall be released on bail as an interim protection till 18.11.2020 by furnishing a bond of Rs.50,000/-(Rupees fifty thousand) only with one surety of like amount to the satisfaction of arresting authority.

It is further ordered that the accused-petitioner as well as the parents and the victim girl shall remain present before the Court on the next date.

The investigating officer of Kamalpur P.S. relating to this case is also directed to produce the victim girl and the parents as well as the accused person before this Court on the date fixed. List the matter on 18.11.2020.