Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG BA. No. 51 of 2025 Date of Order: 13.11.2025 Shri. David Das Vs. State of Meghalaya & Anr.

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge Appearance:

For the Petitioner/Appellant(s) : Ms. S. Nongsiej, Adv. For the Respondent(s) : Mr. K. Khan, PP with Mr. A.M. Pala, GA. for R 1.

1. This is an application filed under Section 483 BNSS with a prayer for grant of bail.

2. Heard Ms. S. Nongsiej, learned counsel for the applicant, who at the outset, submits that, on the basis of an FIR dated 10.10.2025 filed by the respondent No. 2/complainant on the ground that the applicant is involved in a sexual relationship with his minor daughter, the FIR being duly taken note of and a case registered as Rynjah P.S. Case No. 302 (10) 2025 under Section 3a/4 of POCSO Act, 2012, the applicant was arrested by the police on 10.10.2025 and is still in custody till date.

3. The learned counsel also submits that, though, the applicant is aware that notice has to be issued upon the respondent No. 2/complainant, however, because of an urgent situation that is, the fact that the applicant is a student studying in Class XII, and for the purpose of appearing in the final examination, he is required to fill up necessary forms, etc., for which the last date of filling up of the said forms is 16.11.2025 without late fees and 17.11.2025 to 30.11.2025 with late fees. As such, prayer is made that in the interim, the applicant may be allowed to be released on bail to enable him to complete the said formalities of filing up of the said forms.

4. It is the further submission of the learned counsel that the applicant has also given an undertaking that on the expiry of the period of the said interim bail, if granted, he will report back to the prison authorities till this instant application is disposed of.

5. Since Mr. K. Khan, learned PP assisted by Mr. A.M. Pala, learned GA appears on behalf of the State respondent No. 1, as such, no formal notice is required to be issued upon the said respondent. However, the learned PP has pointed out that in accordance with due procedure, it would be incumbent upon the applicant to first take steps for issuance of notice upon the respondent No. 2/complainant, and thereafter, for this application to be heard on merits. It is admitted that the process of issuance of such notice and report, etc., on being received by the said respondent No. 2/complainant, the same may take some time even after 2(two) weeks. Though, the learned PP would insist that the said process may be complied with by the applicant, the prayer for grant of interim bail in the meantime, is left to the discretion of this Court.

6. This Court has considered the submission made, and at the outset, would direct the applicant to take steps for issuance of notice upon the respondent No. 2/complainant through the Investigating Officer, who will file his compliance report within the next date fixed.

7. On the prayer for grant of interim bail, considering the fact that, it would have a bearing on the career and future of the applicant who is admittedly a student said to appear for his final examination for which filling up of the said forms is a necessary procedure to be followed, therefore, under such peculiar circumstances, the prayer for interim bail is hereby granted. It is made clear that the said interim bail is granted with effect from the date of passing of this order till 18.11.2025 after which on the 19.11.2025, the applicant is to report before the prison authorities to be kept in custody till further orders.

8. List this matter on 27.11.2025.

9. Let copy of this order be issued upon the Superintendent, District Prisons and Correctional Home, Shillong for compliance.

Judge Meghalaya 13.11.2025 “D. Nary, PS”