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2021 DIGILAW 114 (MEG)

Pyndaplang Kharumnuid v. State of Meghalaya

2021-12-16

W.DIENGDOH

body2021
JUDGMENT : W. DIENGDOH, J. 1. This is an application under Section 439 Cr.P.C. with a prayer for grant of bail to the two petitioners herein namely Shri Pyndaplang Kharumnuid and Shri Openwell Kharumnuid, who were arrested in connection with Diengpasoh P.S. Case No. 14 (8) 2021. 2. Heard Mr. H.R. Nath, learned counsel for the petitioners who has submitted that from the records, particularly the statement under Section 161 Cr.P.C. it transpires that one girl had gone out with some boys for roaming within the area and this girl has also invited some of her friends to accompany her. All the girls had willingly gone with those boys and after consuming drinks, the girls have alleged that they were raped. One of the girls had particularly named one person called Edward who is said to be the one who had initiated the whole programme, culminating in the parties indulging in sexual activities. This incident happened on 08.08.2021 and on complaint being made, the accused/petitioners herein were arrested on 09.08.2021 and are still in judicial custody for the last 4(four) months or so. 3. Mr. Nath has also submitted that a bail application was moved before the learned Special Judge (POCSO), Shillong who vide order dated 11.10.2021 had rejected the same, observing that the accused cannot be released on bail, if there is a high probability that their release will lead to subversion of justice and erosion of faith that survivors and society at large reposed on a judicial system. In this regard, it is submitted that the learned Special Judge has disregarded the application of the principles of bail jurisdiction, inasmuch as, consideration as to the antecedent of the accused persons and the likelihood of absconding from justice as well as the fact that there was no discussion on whether there is a prima-facie case against the accused has not been taken into account. 4. However, the main thrust of the submission made on behalf of the accused/petitioners is that they were not named in the FIR and are not at all involved in the alleged offence. 5. 4. However, the main thrust of the submission made on behalf of the accused/petitioners is that they were not named in the FIR and are not at all involved in the alleged offence. 5. The fact that the petitioners are permanent residents of Mawpdang village and also daily labourers by occupation, having their respective families, therefore if enlarged on bail there is no possibility or intention to abscond or to avoid the process of law and as such, prayer is made for grant of bail with any conditions as deemed fit to be imposed by this Court. 6. Mr. K. Khan, learned Sr. P.P. appearing for the State respondents has strongly opposed the prayer made in this petition and has submitted that records would clearly show that the petitioners herein are involved in a very heinous crime, which is not only a simple question of sexual assault, but a participation in gang rape and also physical assault on the victim girls who are helpless in the face of such extreme provocation. 7. Mr. Khan has also submitted that the matter has already reached the stage of filing of charge sheet which was done so, copy of which was supplied to the accused/petitioners and as such, the learned counsel for the petitioners should have argued the case on merits to enable this Court to look into the records and to examine whether there exists a prima-facie case against the petitioners herein. It is therefore submitted that this application is bereft of merits and the same is liable to be rejected. 8. Having heard the parties, this Court has also called for the relevant records from the Trial court which was duly produced today. On perusal of the records read with the pleadings in this petition and the annexure thereto, what can be seen is that the allegation of sexual assault perpetrated upon the victim girls who are 4(four) in numbers and minors in age by the petitioners herein has not been able to be refuted convincingly, inasmuch as, statement of some of the accused persons in the case clearly revealed that the act of sexual intercourse involving the victim girls was admitted. 9. As submitted by Mr. 9. As submitted by Mr. Khan, at this stage, this Court is privy to the materials on record including the case diary, wherein the investigating officer has detailed the process of investigation, including recording of statement under Sections 161 and 164 Cr.P.C. of the victim girls and the accused persons. On perusal of such statement, it is seen that there is consistency in the narration of the victim girls and no contradiction could be found from their individual statement. The allegation of sexual assault involving the petitioners herein at this stage cannot be ruled out. 10. This Court is convinced that there is a prima-facie case against the petitioners herein, and on consideration of the gravity and serious nature of the offence and the effect it will have on the survivors, at this juncture, it would not be prudent to allow the petitioners to be enlarged on bail. 11. In view of the above, this petition is deemed to be devoid of merit and the same is accordingly dismissed. 12. It is made clear that the observations made in this petition shall not be an influencing factor for the Trial Court while deciding the case of the petitioners/accused on merits. 13. Petition disposed of. No cost. 14. Registry is directed to return the case records.