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2020 DIGILAW 466 (GAU)

Damodar Neopani v. State Of Assam

2020-05-08

M.R.PATHAK

body2020
JUDGMENT 1. Heard Mr. S. Upadhay, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2. This application under Section 439 Cr.P.C. has been filed by the petitioner, namely, Damodar Neopani, seeking bail in connection with Rowta P.S. Case No. 16/2020 registered under Sections 376/511 IPC read with Section 66-E/67-B of the Information Technology Act, 2000 and Section 8 of the POCSO Act, 2012, wherein he was arrested on 01.02.2020 and since then he is in custody. 3. On 29.01.2020, the informant of the case lodged a written Ejahar before the Officer-in- Charge of Borobazar Police Outpost under Rowta Police Station alleging that she suspects the petitioner in publishing vulgar pictures of her, as he on 20.06.2019 forcefully tried to have physical relation with her, which she had obstructed. The informant therefore suspects that on his failure, the petitioner by publishing those photographs of her has taken revenge on her action and thereby defamed her before public. 4. On instructions, Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, submits that till date, charge-sheet has not been filed in said Rowta P.S. Case No. 16/2020. 5. Considering the above and as the petitioner has already completed the statutory period of detention in custody since 01.02.2020 and due to non-filing of the charge-sheet in the case within the statutory period, the Court opines that the petitioner, namely, Damodar Neopani is entitled for his default bail. As such, this bail application of the petitioner is accepted. 6. 5. Considering the above and as the petitioner has already completed the statutory period of detention in custody since 01.02.2020 and due to non-filing of the charge-sheet in the case within the statutory period, the Court opines that the petitioner, namely, Damodar Neopani is entitled for his default bail. As such, this bail application of the petitioner is accepted. 6. Accordingly, the petitioner, namely, Damodar Neopani, be released on bail in said Rowta P.S. Case No. 16/2020 on furnishing a bail bond of Rs.30,000/- with 2 (two) local sureties of the like amount to the satisfaction of the learned Special Judge (POCSO)/Sessions Judge, Udalguri on conditions that the petitioner (i) shall appear before the Investigating Officer of said Rowta P.S. Case No. 16/2020 as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of the Rowta Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, failing which, the bail granted to him in the aforesaid Rowta Police Station case shall stand automatically vacated. 7. Bail application accordingly stands allowed.