High Court of MeghalayaShri. Living Dkhar vs . State Of Meghalaya & Anr. on 31 July, 2023Author:W. DiengdohBench:W. DiengdohSerial No. 01\nSupplementary List\n\n\n\n                         HIGH COURT OF MEGHALAYA\n                               AT SHILLONG\n\nAB No. 14 of 2023\n                                                     Date of Order: 31.07.2023\nShri. Living Dkhar                 Vs.              State of Meghalaya & Anr.\n\nCoram:\n             Hon'ble Mr. Justice W. Diengdoh, Judge\n\nAppearance:\nFor the Petitioner/Appellant(s)   : Mr. J. Shylla, Adv.\n                                    Mr. M.L. Nongpiur, Adv.\nFor the Respondent(s)             : Mr. N.D. Chullai, AAG withMr. E.R. Chyne, GA (For R 1)i)    Whether approved for reporting in                    Yes/No\n      Law journals etc.:ii)   Whether approved for publication\n      in press:                                            Yes/No\n\n\n      Heard Mr. J. Shylla, learned counsel for the petitioner. Also heard Mr.\nN.D. Chullai, learned AAG.The petitioner has approached this Court with an application underSection 438Cr.P.C praying for grant of pre-arrest bail in connection with\nKhliehriat P.S. Case No. 09(03) 2023 undersection 366IPC read withsections 3(a)/4/5(l)/6of the POCSO Act.Before the learned counsel for the petitioner could go on to the merits\nof the case, this Court has notice certain discrepancies in the petition1inasmuch as the name of the alleged minor/survivor has been indicated in the\npetition which is not in conformity with the observations made by the Hon'ble\nSupreme Court in cases where minors are involved. To this extent, the learned\ncounsel has submitted that he may be allowed to make necessary corrections.It is also submitted that since the complainant has been arrayed as\nrespondent No. 2 in this petition, therefore, notice may be allowed to be issued\nupon the said respondent.Finally, the learned counsel for the petitioner has submitted that in the\nmeantime, the petitioner may be allowed to be enlarged on interim bail\npending final disposal of this petition.The learned AAG has strongly opposed the prayer for grant of interim\nbail on the ground that in the petition itself at para 2 it is clearly stated that the\npetitioner is already a married person and as such, could not have been\ninvolved in a love relationship with the alleged survivor.In reply, the learned counsel for the petitioner has submitted that it is an\nallegation of the complainant and it is not the admitted position as far as the\npetitioner is concerned.This Court on consideration of the submission made, without going into\nthe merits of the matter, would allow the prayer made by the petitioner for\ncorrection of the petition and also for issue of notice upon the respondent No.2.\n       As far as the prayer for interim bail, at this point of time this Court, for\nends of justice, would allow the prayer made. The petitioner is accordingly\ngranted interim bail on conditions that he shall not abscond or have any\ncontacts or even intimidate the survivor or witnesses and that he shall\ncooperate with the I/O as and when required. The interim bail will be for a\nperiod till the next date fixed or until further order.2Mr. Chullai has submitted that he may be allowed to file copy of the\ncase diary along with the status report.Allowed.List this matter on 10.08.2023.Judge\n\nMeghalaya\n31.07.2023\n"Tiprilynti-PS"3