Kapil Mandal vs State Of Assam

Heard Mr. S.K. Medhi, learned counsel for the petitioner and Mr. N.K. Kalita, learned APP for the State.

By this application under section 439 Cr.P.C., the accused-petitioner, namely, Kapil Mandal who was arrested on 26.02.2021 is seeking bail in

connection with Mangaldai P.S. Page No.# 2/3 Case No.44/2021 registered under section 448/376/506 of the IPC read with section 4 of the POCSO

Act.

The learned APP has submitted that he has received instructions that the IO of the case has tested Covid-19 positive and is under treatment for which

the case diary could not be produced. However, he opposes the prayer for bail on the ground that the victim girl is a minor and she has been subjected

to sexual assault.

Taking note of the fact that the petitioner was arrested on 26.02.2021 and remanded to custody on 27.02.2021, today is the 89th day of his custody.

Accordingly, considering the length of the detention, the Court is inclined to release the petitioner namely, Kapil Mandal in connection with Mangaldai

P.S. Case No.44/2021 registered under section 448/376/506 of the IPC read with section 4 of the POCSO Act on furnishing a bail bond of

Rs.40,000/- (Rupees forty thousand only) with 2(two) surety of like amount to the satisfaction of the learned CJM, Mangaldai.

The above bail order shall, however, be subject to the following conditions:

1) That the accused-petitioner shall not leave the territorial jurisdiction of the aforesaid Police Station, without prior written permission from the

Investigating officer of the case;

2) The accused-petitioners shall not hamper with the investigation, or tamper with the evidence of the case; and

3) The accused-petitioner 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 him from disclosing such facts to the Court or to any police officer.

4) He shall appear before the I.O. of the case once in every month till his personal appearance is dispensed with by the IO, and/or till charge-sheet is

filed, whichever is earlier.

This bail application stands allowed.