(1.) Separate applications under Sec. 438 Cr.P.C for grant of anticipatory bail was filed by the three petitioners herein. Since the facts and circumstances involved relates to the same FIR dtd. 25/7/2023 filed by UBI Bitching N. Marak, Circle Inspector (Sadar), West Garo Hills District out of which, Araimile P.S. Case No. 16(07) 2023 under Sec. 120B/121/121A/188/307/326/353/435/511/143/147/148/149/150/153/153A /155/158/34 IPC read with Sec. 13 of Unlawful Activities (Prevention) Act and Sec. 6A/6B/8A/8B of Meghalaya (Maintenance of Public Order) Act and Sec. 3/4 of Prevention to Damage to Public Property Act and a common argument being advanced in all three applications, therefore, this Court would deemed it expedient and convenient to pass a common order herein.
(2.) Heard Mr. S. Deb, learned counsel for the petitioners and Mr. A. Kumar, learned Advocate General (AG) along with Mr. N. Syngkon, learned GA.
(3.) Before adverting to the submission and contention made by the parties, the background details of the case are required to be briefly recorded. On 5/7/2023 Shri. Thomas M. Marak, President Krima Council ACHIK sought the permission of the Deputy Commissioner, West Garo Hills District to hold a peaceful democratic demonstration in the form of a hunger strike imploring upon the Government to accede to their various demands, implementation of the reservation roster being one of them. The Deputy Commissioner vide order dtd. 10/7/2023 has allowed such demonstration to be staged on certain terms and conditions.