The petitioner charged under IPC and POSCO Act granted bail after 109 days: High Court of Tripura

The High Court of Tripura recently comprising of single bench of Justice S.G. Chattopadhyay granted bail to the accused under section 439 of CrPC and was ordered to furnish bail bond worth rupees 25,000 with one surety of like amount to the satisfaction of the trial court.

“This application under Section 439 Cr.P.C. has been filed seeking release of the petitioner on bail who is in custody for more than 109 days in R.K.Pur Women P.S. Case No. 2020 WRP/052 registered under Sections 366A, 376 read with Section 34 IPC and Section 4 of the POCSO Act, 2012.”- stated the application.

The facts of the case stated that FIR was lodged by the father of the victim alleging, that while his daughter was returning home from private tuition on 23.10.2020, accused Md. Ershad Khan kidnapped his daughter in a Maruti car and took her to various places where he, the principal accused committed sexual intercourse on her daughter several times. Later, the local people, who had detected his daughter in the custody of the accused, had informed him over telephone and thereafter his daughter was recovered from the custody. Now, allegation against the present petitioner is that he aided the principal accused in the commission of the offence. Further there is no allegation of rape against him.

“Based on the said FIR of the father of the victim, R.K.Pur Women P.S. Case No. 2020 WRP/052 under Sections 366A, 376 read with Section 34 IPC and Section 4 of the POCSO Act, 2012 was registered and the principal accused along with the present petitioner and another accused namely Roni Miah were arrested and taken into custody.” –stated the application.

It is submitted by Mr. Raju Datta, learned counsel that by this time, accused Roni Miah has been released on bail by this court.

However, according to Mr.Datta, learned counsel, the principal accused is still in custody and investigation of the case is over and charge sheet has also been submitted by the IO of the case.

Taking into account the factual matrix of the present case the bench observed that, “…true that detention of the accused is no longer required for the purpose of investigation, since investigation of the case is over and charge sheet is also submitted. Moreover, materials available against the petitioner do not also justify his further dentention.”

Therefore, the bail was granted to accused petitioner namely Nayan Debnath and in terms of the above, the bail petition is disposed of.

Case title: Nayan Debnath v State of Tripura