JUDGMENT [1] This bail application under Section 439 Cr. P.C has been filed on behalf of accused Samir Naha who is in jail since 3.4.2021 in Dharmanagar Women P.S Case No. 13 of 2021 registered under Section 376(2)(n) IPC and Section 6 of the POCSO Act. [2] Case was lodged against the accused by Smt. Rakhi Chakraborty, Superintendent of Sanghadeep, a Child Care Institution run by Child Line(NGO) by filing an FIR with the Officer-in-charge of Dharmanagar women police station on 3.4.2021 wherein the informant alleged that the victim who was admitted in the said child care institution alleged to her that she was raped by the accused seven times and the last of such incidents occurred on 27.01.2021. [3] Said FIR of Smt. Rakhi Chakraborty was registered as Dharmanager Women P.S Case No. 13 of 2021 under Section 376(2)(n) IPC and Section 6 of the POCSO Act and during investigation of the case accused was arrested on 3.4.2021 and lodged in jail. [4] Several bail applications were filed in the trial Court which were rejected on merit. [5] Heard Mr. P. K. Pal, learned counsel appearing for the petitioner as well as Mr. Ratan Datta, learned Public Prosecutor representing the State. [6] Mr. P.K. Pal, learned counsel appearing for the petitioner submits that the accused is a poor man who has been falsely implicated in the case. It is contended by Mr. P. K. Pal, counsel of the accused that accused is a married man having a minor daughter. The entire family of him has been facing extreme hardship in this pandemic situation as a result of the prolonged detention of the accused in custody. According to Mr. Pal, learned counsel, materials available on record do not justify his detention in custody. Learned counsel therefore, urges the Court for release of the accused on bail on any condition. [7] Mr. Ratan Datta, learned P.P has produced the case diary. It is contended by Mr. Datta, learned P.P that the accused committed rape on a 14 years’ old girl repeatedly to gratify his lust. The poor girl was recovered by the volunteers of Child Line and handed over to Sanghadeep, a child care institution where she was admitted after the occurrence. The victim narrated the entire incidence to the Superintendent of the said child care institution who lodged the complaint against the accused. According to Mr. The poor girl was recovered by the volunteers of Child Line and handed over to Sanghadeep, a child care institution where she was admitted after the occurrence. The victim narrated the entire incidence to the Superintendent of the said child care institution who lodged the complaint against the accused. According to Mr. Datta, learned P.P offence committed by the accused is heinous and there are adequate materials to substantiate the allegation of rape against the accused. It is contended by learned P.P that if the accused is enlarged on bail, he will influence all the witnesses and spoil the trial of the case. Learned counsel, therefore, urges the Court to reject the bail application. [8] In a statement recorded under Section 161 Cr. P.C the informant who is the Superintendent of the said child care institution has supported the allegations of the victim. It has been stated by her that after the victim was found loitering in front of her child care institution alone, the child line volunteers rescued her and brought her to the Superintendent of the home. The victim then stated the entire incidence to her as to where and how the accused committed rape on her repeatedly. More elaborate discussion of the incriminating materials contained in the case diary would not be appropriate at this stage of the case. Suffice it to say that the Investigating Agency has made a strong prima facie case against the accused and the materials available on record do not justify his release on bail at this stage. [9] Resultantly, his bail application stands rejected and the petition is disposed of. Return the Case Diary.