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2022 Supreme(Megh) 122

W. DIENGDOH
Moon Ali – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Mr. S. A. Sheikh, Advocate., for the Petitioner; Mr. H. Kharmih, Addl. PP with Mr. S. Sengupta, Addl. PP., for the Respondent

JUDGMENT

1. An FIR was lodged by the respondent No. 2 before the Officer In-Charge, Mahendraganj Police Station on 09.06.2022 by Shri. Ripon Sarkar with a report that his sister aged about 17 years was found missing and is suspected to be having a relationship with the petitioner herein and they are suspected to be staying at Pubergaon I, South Salmara Mankachar, Assam.

2. On receipt of the said FIR, the police registered Ampati Women P.S. Case No. 6(6) of 2022 under Section 366A IPC read with Section 5(l)/6 POCSO Act.

3. The petitioner who is the main accused in the said FIR has moved an application for grant of pre-arrest bail before the learned Special Judge, POCSO, South West Garo Hills District, Ampati which was rejected vide order dated 26.07.2022.

4. In due course, the petitioner has then approached this Court with this instant application under Section 438 Cr.PC for grant of pre-arrest bail in the said Ampati Women P.S. Case No. 6(6) of 2022.

5. Heard Mr. S. A. Sheikh, learned counsel for the petitioner who has submitted that the petitioner has been implicated in the said Ampati Women P.S. Case No. 6(6) of 2022 and as such, apprehending arrest has approached this Court with this

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