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Judgment
Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the
stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Amrapara P.S. Case No.65 of 2018 registered under sections 376 of the
Indian Penal Code and under Section 4/8 of POCSO Act.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the victim minor
girl. It is further submitted that the allegations against the petitioner are all false and in her statement recorded under Section 164 Cr.P.C., the victim
has categorically stated that on the relevant night, the petitioner attempted to commit rape upon her. It is next submitted that the petitioner was given
the privilege of anticipatory bail in A.B.A. No.2609 of 2019 upon his undertaking to pay Rs.2,25,000/- as ad interim victim compensation to the victim
but the petitioner could not arrange money hence, he could not surrender in terms of the said order. It is next submitted that the petitioner has been in
custody since 19.07.2020 as has been mentioned in paragraph no. 1 of the bail application. It is lastly submitted that the petitioner undertakes to
cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Spl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to
enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge
POCSO, Pakur, in connection with Amrapara P.S. Case No.65 of 2018 with the condition that the petitioner will cooperate with the trial of the case.