NITU MONI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Hoque, learned counsel for the accused petitioner as well as Mr. BB Gogoi, learned Addl. P.P., Assam for the State respondent.

(2.) By this petition under Sec. 439 Cr.P.C., the accused-petitioner, namely, Nitu Moni Das, has prayed for grant of bail in connection with Mangaldai P.S. Case No.198/2022 ( GR No.861/2022) under Ss. 376 (AB) of the IPC with Sec. 6 of the POCSO Act. Office note dtd. 27/6/2022 shows that notice issued to respondent No. 2 by registered post with A/D has not returned.

(3.) However, learned counsel for the petitioner has produced a Track Consignment report being Consignment No. RS567592207IN showing the confirmation of delivery of the notice. The FIR dtd. 29/5/2022 reveals the allegation that on 27/5/2022 at about 6 pm when the informant's daughter went to the house of the present accused petitioner who is her tuition teacher for taking class, he forcefully raped her in the classroom.