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W. DIENGDOH
Anjana Wahlang – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The petitioner has approached this Court with this application under Section 439 Cr.PC for grant of bail to the petitioner's husband Shri. Martin Dkhar, who has been arrested in connection with Sadar P.S. Case No. 190(8) of 2022 under Section 120 (B) and 506 IPC read with Section 13 of the UAPA Act.
2. Heard Mr. Philemon Nongbri, learned counsel for the petitioner who has submitted that the accused, husband of the petitioner was arrested by the police on 16.08.2022 on the basis of an FIR of even date lodged by Inspector K. Thapa alleging that the said accused person has posted two derogatory comments on his facebook page on 15.08.2022 directed against the Hon'ble Chief Minister of Meghalaya with the comments 'HNLC should kill him'. This according to the complainant is a conspiracy to jeopardize the ongoing peace talks between the Central Government, the State Government and the HNLC. The accused was accordingly remanded to custody and is still in judicial custody for about 58 days till date.
3. The learned counsel has also submitted that the accused is a driver by profession and is presently employed with a private person and as such, has no criminal antecedent or is invol
The main legal point established in the judgment is the presumption of innocence until proven guilty and the objective of bail to secure the accused's appearance at trial.
The delay in concluding the trial, the presumption of innocence, and the lack of prima facie evidence were central to the court's decision to grant bail to the petitioner.
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
Bail is the rule and jail is the exception; the court must consider the health of the accused and the acquittal of co-accused when deciding bail applications.
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
Bail is the rule and jail is the exception; the presumption of innocence and circumstances of each case govern bail decisions.
The court established that a limited role in the alleged crime and lack of substantial evidence can justify granting bail, emphasizing the need for careful consideration of bail applications.
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