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W. DIENGDOH
Sakirul Miah – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Matter taken up via video conferencing.
2. Heard learned Sr. Counsel Mr. A. S. Siddiqui along with Ms. M.K. Sah learned counsel who has submitted that the petitioner on being apprehensive of imminent arrest in connection with Ampati Women PS Case No. 20(11)2021 under section 3(a)/4 of POCSO Act r/w section 447 IPC has approached this Court by way of this application under section 438 Cr.PC for grant of pre-arrest bail.
3. The petitioner's version is that he is a carpenter by profession and has a partner Shri Monzil Miah of the same village that is Nayapara. In course of their business relation, the petitioner made an allegation that Shri Monzil Miah had mis-appropriated his profit share of the business and when he went to his house (Monzil Miah) requesting for payment, the said Monzil Miah along with his wife and other persons locked him in a room. Somehow, the petitioner managed to flee from there.
4. To the surprise of the petitioner, he later learnt that the wife of Monzil Miah had lodged an FIR on 22.11.2021 alleging that he had trespass into the house and had gone to the room of his minor daughter and had sexually assaulted her.
5. The learned Sr. Counsel has further su
A young accused with no prior criminal record may be granted pre-arrest bail if willing to cooperate with the investigation in serious allegations against him.
The court applied the guidelines laid down by the Apex Court in the case of Sidharam Satlinggappa Mhetre v. State of Maharashtra to determine the grant of pre-arrest bail based on the apprehension of....
Grant of pre-arrest bail - It is well settled that though the power to grant pre-arrest bail is a discretionary power to be exercised by the Courts, however, the power cannot be exercised whimsically....
The nature and gravity of the alleged offence, the conduct of the accused, and the need for thorough investigation are key considerations in the grant or refusal of bail.
The status of the accused as an absconder and the evidence against him are relevant factors in determining the grant of pre-arrest bail.
Bail conditions must ensure investigation integrity while considering the accused's rights against unsubstantiated allegations.
The court held that granting pre-arrest bail is inappropriate where there is a strong prima facie case, and where custodial interrogation is necessary to protect the integrity of the investigation.
Bail is the rule while jail is an exception, and the nature and gravity of the alleged offence must be considered in granting bail.
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