IMPORTANT POINT
The main legal point established in the judgment is that the provisions of Section 365 IPC and the statement of the woman are crucial in determining the entitlement to pre-arrest bail in a case of alleged abduction.

JUDGMENT

1. This is an application preferred under Section 438 Cr.P.C with a prayer for grant of pre-arrest bail in connection with Women P.S. Case No. 58 (10) of 2022 under Section 365 IPC.

2. Heard Mr. B. Pathak, learned counsel for the petitioner who has submitted that the petitioner has been accused of an offence under Section 365 IPC on the basis of an FIR lodged by one Shri. Nicholas Ronghang dated 12.10.2022 wherein the complainant has informed the police that his daughter aged about 26 years and who is working as a peon in POCSO Court, Nongpoh, Ri-Bhoi District was abducted from the court premises on 11.10.2022 by the petitioner herein leading to the registration of the abovementioned Women P.S. Case No. 58 (10) of 2022.

3. The learned counsel has further submitted that the fact of the matter is that the petitioner and the woman, are acquainted with each other and have developed mutual romantic feelings. The woman who is an adult, on her own free will had accompanied the petitioner to Guwahati on the date as stated in the FIR and has also informed her father through her mobile phone about the same. Therefore, there is no question of the petitioner abducting her for any illegal purpose. The fact remains that the woman has since returned to her place of residence at Ri-Bhoi district after the said FIR was lodged, submits the learned counsel.

4. It is also submitted that the petitioner is an advocate by profession and the fact that the police are looking for him in connection with the case, if arrested would cause serious prejudice to his reputation and profession.

5. The petitioner also hails from a respectable family and has no criminal history but as an advocate he would concentrate on his practice for which he has appeared in many courts, including the courts in Meghalaya.

6. It is submitted that if allowed to go on pre-arrest bail the petitioner will abide by any conditions to be imposed by this Court.

7. Mr. H. Kharmih, learned Addl. PP has submitted that from the contents of the FIR there is a strong apprehension that the woman has been enticed by the petitioner to be introduced in the market, most probably in the flesh trade and as such, this petition may not be allowed at this stage.

8. This Court having considered the submission and contention made by the parties have at the initial stage called for the case diary to be produced and at the relevant period since the statement of the woman has not been recorded under Section 164 Cr.P.C the Investigating Officer (I/O) was directed to facilitate recording of her statement accordingly.

9. When the matter was heard today, the learned Addl. PP has submitted that the copy of the case diary is produced before this Court, including the statement of the woman under Section 164 Cr.P.C.

10. The FIR is basically a complaint that the woman in question was abducted by the petitioner and therefore an offence under Section 365 IPC is made out.

11. The I/O has recorded the statement of the woman as well as other relevant witnesses as part of the investigation process. What is noted is that in her statement under Section 161 Cr.P.C the woman has stated that she came to know the petitioner while working in the Nongpoh court as he is an advocate and used to come to the court from time to time. A relationship has developed since then and on 11.10.2022 the petitioner met her opposite the court complex and proposed that she elope with him to get married. Initially, she refused to which he offered to drop her on his bike and he also gave her the option whether she wants to go with him or want to stay with her parents. On reconsideration, the woman then chose to go with the petitioner and accordingly they proceeded towards Guwahati.

12. In her statement under Section 164 Cr.P.C made before the learned Magistrate the woman has stated the same thing as has been stated by her in her statement under Section 161 Cr.P.C.

13. From the materials on record if the statement of the woman is to be relied and cann