TINGKU N. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner herein has come before this Court with this application under Sec. 439 Cr.PC with a prayer for grant of bail to the accused person Shri Bernard N. marak who is his brother and who was arrested initially in connection with Tura PS Case No. 166(07)2022 under Sec. 120/120B/121/121A/109/110 IPC r/w Sec. 4/5 of the Explosives Substances Act and also in another case being Tura Women PS Case No. 105(07)2022 under Sec. 3/4/5/6/7 of the Immoral Traffic (Prevention) Act. However, the said accused person was during his incarceration in judicial custody in connection with the abovementioned cases, was also shown arrest in connection with Tura Women PS Case No. 107(07)2022 under Sec. 5(l)(m)/6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) Heard Mr. A.M. Bora, learned Sr. counsel appearing for the petitioner who has submitted that the accused brother of the petitioner was arrested by the police on 27/7/2022, allegedly on the basis of a raid conducted on his landed property known as Rimpu Bagan at Edenbari, West Garo Hills, District wherein it was said that immoral activities was carried out in the said premises resulting in a number of persons being found in compromising position indicating that the place is being used as a brothel and also that the recovery of a number of arms and ammunitions has led the police to register criminal cases under relevant provisions of law.

(3.) On 29/7/2022, an FIR was lodged by the Chairperson, Member Secretary and Member of the Child Welfare Committed, West Garo Hills, Tura before the Officer-In-Charge Tura Women Police Station indicating to the extent that during the raid that took place at 'Rimpu Bagan' on 22/7/2022 one child aged about three years was rescued and was placed in the Children's Home (Girls), Tura. Her medical examination was also done at Maternity & Child Hospital, Tura where she was found to have been sexually abused. Accordingly, the police registered a case being Tura Women PS Case No. 105(7)2022. In course of investigation, two persons have been named in this connection that is the father of the said child and the accused brother of the petitioner.