DAMODAR NEOPANI Vs. STATE OF ASSAM

JUDGEMENT

(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.