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2022 Supreme(Megh) 223

W. DIENGDOH
Ariqul Hoque Azad – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Ms. C. B. Sawian, Advocate, for the Appellants; Mr. S. Sengupta, Addl. P.P, for the Respondents

JUDGMENT

1. The applicant has approached this Court with this application made under section 438 Cr.P.C for grant of pre-arrest bail in connection with Tura Women PS Case No. 45(04)22 under section 7/8 POCSO Act.

2. The genesis of the matter relates to an incident which occurred on 09.04.2022 at about 1:00 P.M when one Miss X (name withheld) aged about 13 years came to the shop of the applicant along with her grandmother for the purpose of completing the formalities to obtain her Aadhaar Card, apparently, the shop of the applicant being one of the facilitation centres. However, while the said minor girl was inside the shop and in the process of having her particulars taken, after a while, she came out crying and alleged that the applicant has inappropriately touched her body including her breast, thigh and private parts. On being informed the father of the said victim girl filed an FIR against the applicant and which an FIR was registered as Tura Women PS Case No. 45(04)22 under section 7/8 POCSO Act.

3. The applicant, it appears after the said incident had immediately closed his shop and fled from the scene.

4. In the meantime, on investigation, the Investigating Officer (I/O) had rec

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