Back
W. DIENGDOH
Sakirul Miah – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. appellant's fear of arrest due to allegations. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments for and against pre-arrest bail. (Para 7 , 8 , 10) |
| 3. preliminary investigation findings and evidence. (Para 11 , 12 , 13) |
| 4. conditions for granting bail. (Para 14 , 15) |
| 5. conclusion and disposal of the application. (Para 16 , 17) |
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
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.
Pre-arrest bail can be granted under Section 438 of the Cr.P.C. when the prosecution's allegations appear improbable, warranting careful consideration of the situation.
Court can grant pre-arrest bail if no materials connect the applicant with the alleged crime, provided conditions to protect investigation.
The court granted pre-arrest bail after considering intimate relationship evidence and the nature of allegations.
The status of the accused as an absconder and the evidence against him are relevant factors in determining the grant of pre-arrest bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
