JALSRANG S. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. P.T. Sangma, learned counsel for the petitioner who has submitted that the petitioner apprehending arrest has approached this Court with this application under Sec. 438 Cr.P.C for grant of pre-arrest bail.

(2.) Mr. Sangma has led this Court to Annexure-1 of this petition which is the FIR dtd. 19/5/2022 filed by one Smti. Pomaline G. Momin before the Officer-in-Charge, Shallang Police Station, West Khasi Hills, the contents of which speaks of an incident wherein the informant had accompanied her minor daughter aged about 13 years to the Shallang PHC for medical check-up upon which the medical officer has informed her that her daughter is pregnant. On inquiry, the said daughter revealed to the medical officer that she had a love affair with the petitioner herein and they have been sleeping together on several occasions. Hence the complaint.

(3.) The learned counsel for the petitioner has also submitted that on a case being registered as Shallang P.S. Case No. 17 (5) of 2022 under Sec. 5(j)(ii)/6 of the POCSO Act, 2012, the petitioner apprehending imminent arrest had approached the Court of the learned Special Judge (POCSO), Nongstoin with a bail application for grant of pre-arrest bail, which application was rejected vide order dtd. 26/5/2022. Accordingly, the petitioner has now approached this Court with this instant application.