High Court of Meghalaya
Date Of Decision: 05.06.2024 vs State Of Meghalaya on 5 June, 2024
Author: W. Diengdoh
Bench: W. Diengdoh
2024:MLHC:505
Serial No. 01
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
BA. No. 20 of 2024
Date of Decision: 05.06.2024
Shri. Mojnu Sk,
S/o Shri. Azizur Rahman,
R/o Kharuabandha, P.O. & P.S.
Mankachar, Dhubri District, Assam. ::::: Petitioner
-Vs-
1. State of Meghalaya, Represented by its
Secretary, Home Department,
Government of Meghalaya, Shillong.
2. Shri. Sairill D. Marak,
Secretary Nokma Council,
Chengkompara A.King,
South West Garo Hills, Ampati ::::: Respondents
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. Philemon Nongbri, Adv. with
Mr. E. Lalsangluaia, Adv.
For the Respondent(s) : Mr. N. Syngkon, GA. for R 1.
None for R 2.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
1
2024:MLHC:505
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. Philemon Nongbri, learned counsel for the
petitioner, who has submitted that the notice issued upon the respondent
No. 2/complainant has been affected and for which, affidavit of service has
been filed before this Court being confirmed from the document at
Annexure-2 which is the Track Consignment record issued by the post
office indicating therein that the notice has been received by the notice
receiver on 22.05.2024. In fact, Mr. N. Syngkon, learned GA appearing on
behalf of the State respondent No. 1 has submitted that the respondent No.
2 had contacted him to indicate that he is aware of this matter. Be that as it
may, since the respondent No. 2 is not in attendance today, matter shall
proceed ex-parte against him.
2. The learned counsel for the petitioner has also submitted that
the petitioner has preferred this instant application for grant of bail under
Section 439 Cr.P.C on behalf of his brother named, Shri. Monjul Hoque,
who is an accused in connection with Spl. POCSO Case No. 4 of 2024
pending before the Court of the Learned Special Judge, POCSO, Ampati,
South West Garo Hills District. The accused was arrested in connection
2024:MLHC:505
with Ampati Women P.S. Case No. 61 (11) 2023 under Section 341/506
IPC read with Section 3(a)/4 of the POCSO Act on the allegation that he
was instrumental in a case of alleged sodomy involving two minor boys.
3. On the case being investigated into, the Investigating Officer
had filed the charge sheet on 25.01.2024 with the opinion that a prima
facie case has been found well established against the accused person in
question, for which he is to stand trial before a competent court of
jurisdiction. Again, it is submitted that the Trial Court has framed charges
against the accused person on 23.04.2024 and the stage of the case is for
recording of evidence of the prosecution witnesses, however, till date,
since the charges have been framed, no witnesses have been examined so
far.
4. The learned counsel has further submitted that the accused
person in question is in custody for the last 200 days or so and since the
matter is at the trial stage, as such, there is no question of tampering with
the witnesses or evidence. It is therefore prayed that this application may
be allowed and the accused person, if enlarged on bail, would undertake to
comply with any conditions to be imposed by this Court.
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5. Mr. N Syngkon, learned GA has submitted that the case is
serious in nature, however, as far as the recording of evidence is
concerned, he submits that he has no specific instructions in this regard. He
therefore prays that this Court may exercise its discretionary power and to
pass necessary orders.
6. This Court, on consideration of the submission made by the
parties, and on perusal of the application and the accompanying annexures
including the FIR and the charge sheet, is of the opinion that the offence
alleged are indeed serious considering the nature and gravity of the case.
However, it is also to be noted that the actual trial as far as the recording of
evidence has not yet commenced, and the purpose of bail generally is to
ensure that the accused in question will not or shall not abscond and that
he/she will cooperate with the proceedings. Considering the fact that the
accused person has been in custody for quite some time, it would be just
and proper to allow him to prepare his defence without the constraint of
custodial incarceration. On this ground alone, this Court is inclined to
allow the prayer made herein.
7. The accused person, Shri. Monjul Hoque is hereby directed to
be released on bail on the following conditions that:
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i) He shall not abscond or intimidate the witnesses,
particularly the survivors;
ii) He shall not leave the jurisdiction of India without prior
permission from the court concerned;
iii) He shall have no physical contact whatsoever with the
survivors during the pendency of the case;
iv) He shall appear before the court as and when required;
v) He shall bind himself on a personal bond of ₹ 1,00,000/-
(Rupees one lakh) only with two sureties of like amount
to the satisfaction of the Trial Court;
8. In view thereof, this application is accordingly disposed of. No
costs.
Judge
Meghalaya
05.06.2024
DARIKORD Digitally signed by
DARIKORDOR NARY
OR NARY 17:39:49 +05'30'
Date: 2024.06.05
