IMPORTANT POINT
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.

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 involved with any unlawful association within the State. The post in the said facebook page was made while he was under the influence of alcohol and as such it was not a deliberate or conscious act on the part of the accused.

4. The accused being the only bread earner of the family with minor children, if not enlarged on bail, great hardship may be caused to the family. It is also submitted that if enlarged on bail, the accused would abide by any conditions to be imposed by this Court and would cooperate with the investigation as and when required. It is prayed that this petition may be allowed and the accused person may be enlarged on bail.

5. Mr. B. Bhattacharjee, learned AAG appearing on behalf of the State respondent has opposed the prayer made by the petitioner and has also submitted that the case diary as called for is produced before this Court today. On perusal of the case diary and the screenshots of the offending post, it would appear that it was a deliberate act on the part of the accused and that he was not under the influence of alcohol when the same was made.

6. The submission and contention of the learned counsels for the parties have been duly considered by this Court and the case diary has also been perused. On the day when the accused was arrested, he was forwarded to the Civil Hospital, Shillong for medical examination and it was found out that he had consumed alcohol. He is also found to be physically fit but was also advised to consult a psychiatrist as regard his mental state.

7. The statement of the accused also indicates that he was under the influence of alcohol and was alone at his home when he started browsing his facebook account but he could not remember whether he had posted anything on his facebook page. However, this is a matter of investigation and the Investigating Agency is to be allowed to complete all formalities and to file a report in this regard according to procedure.

8. For consideration of bail to the accused, the Court is guided by well settled principles, statutorily as well as by well established authorities which could be found in a catena of cases passed by the Apex Court as well as the High Courts of this country. In the case of Shri. Gurbaksh Singh Sibbia & Ors. v. State of Punjab: (1980) 2 SCC 565 at para 27, the purpose of granting bail has been enunciated as follows:

'27. It is not necessary to refer to decisions which deal with the right to ordinary bail because that right does not furnish an exact parallel to the right to anticipatory bail. It is, however, interesting that as long back as in 1924 it was held by the High Court of Calcutta in Nagendra v. King-Emperor that the object of bail is to secure the attendance of the accused at the trial, that the proper test to be applied in the solution of the quest