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2021 Supreme(Megh) 41

W. DIENGDOH
State of Meghalaya – Appellant
Versus
Heibormi Dkhar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. N.D. Chullai, Ms. R. Colney.
For the Respondent: Mr. A.H. Hazarika.

JUDGMENT :

W. DIENGDOH, J.

1. An application under Section 439(2) read with Section 482 Cr.P.C. was preferred before this Court primarily against an Order dated 24.06.2021 passed by the Learned Special Judge (POCSO), Khliehriat, East Jaintia Hills District of Meghalaya, whereby vide the impugned order, the Court while considering the Bail Application No. 60 of 2021 moved by the accused/ Respondent herein, has granted bail in Khliehriat Women P.S. Case No. 9(03) of 2021 under Section 363/364/302/201 IPC r/w Section 11/12 of the POCSO Act.

2. Before adverting to the merits of the argument of the parties, it would not be out of place to go into the brief facts of the case before the learned Special Judge and also to the contents of the case record, including the case dairy duly produced before this Court.

3. On 13.03.2021, the police received a telephonic information from one Shri Honey Nongtdu, Secretary VDP, Lad Sutnga that one female dead-body was found lying inside a jungle at 2 Kilo Wah Umbhuh Wai Khyrwi. On reaching the spot, the police met the informant and further the body was identified by one Shri Vickstar Siangshai as that of his sister.

4. On being certain of the identity of th

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