STATE OF NAGALAND Vs. SANDEEP JAIN

JUDGEMENT

(1.) The present criminal petition is moved by the State against the order dated 29.05.2021 passed in connection with I.A. Criminal No. 14/2021 in Dimapur Women Case No. 720/2021 corresponding to G.R. No. 198/2021 under Section 376 IPC read with Section 6 POCSO Act passed by the Special Judge FTSC Dimapur granting interim bail to the accused till 29.06.2021.

(2.) The facts of the matter is that an FIR was lodged before the Officer-in-Charge Women Police Station Dimapur, Nagaland by Mrs. Kitoholi resident of Notun Bosti A.O. Khel House No.123 on 07.04.2021 alleging that her daughter who is aged 4 years old studying in Euro International School at Midland Dimapur started crying and screaming to avoid going to school repeatedly for two days. When she inquired as to why she was not willing to go to school, the girl child narrated that after the class, she was taken upstairs by her Principal wearing mask and touched all over her body and also inserted his finger into her private parts. She even had nightmare at night saying she won't go to school in her dream. On 7th of April, she took her child and went to talk to school authority and the authority said nothing of such nature has happened before. The Principal was supposed to come and meet her but all of a sudden they informed her that he is about to go out of station. The School Coordinator said there is no male inside the school except the Principal. They said that there is no chance of such thing happening. So the complainant was not satisfied with the way they deal with serious child abuses and requested the Police to look into the matter and arrest the culprit.

(3.) The accused Sandeep K. Jain was arrested on 07.04.2021. On 03.05.2021, a petition bearing I.A. Criminal No.14/2021 as filed under Section 439 Cr PC for the release of accused Sandeep K. Jain and the learned Special Judge fixed 07.05.2021 for hearing of the bail application and directed the I.O. to submit investigation report along with the CD. Thereafter, by an order dated 29.5.2021, the learned Special Judge POCSO passed interim order granting bail to the accused till 29.06.2021. The bail was considered on the ground that :-