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The Court must look into all the facts and circumstances of each case before considering any bail applications: Meghalaya High Court

As submitted at the bar the charges have been framed against the accused, for which he was at liberty to argue before charge and to present his case accordingly. Such an opinion was held by The Hon’ble High Court of Meghalaya before The Hon’ble Mr. Justice W. Diengdoh in the matter of Pankaj Kumar Bhardwaj Vs. State of Meghalaya [BA No.13/2021]. 

The facts of the case were associated with a prayer to release the petitioner on bail on any condition that may deem fit and proper by the court. The counsel representing the petitioner stated that in connection Special (POCSO) Case No.65/2021 under Section 363 IPC R/W Section 5(1)/6 POCSO Act, 2012 the petitioner was arrested. The FIR for the case was lodged by Shri. Bikash Goshwami who, on finding that his 14 years old daughter was found missing and the petitioner was named to be the main suspect. The counsel stated that the case was beyond the stage of the investigation and the chargesheet in the ‘Final Form’ as required u/s 173 Cr.P.C. 

The senior Counsel stated that the said case involved a relationship between the alleged victim and the accused/petitioner and no question of kidnapping was in the case. Alleged Victim before the doctor stated that she came to Jorhat with her boyfriend who was the accused and lived in a hotel for 2 days. She admitted that they were in a relationship for two months and wanted to marry. The Counsel stated that charges were filed against the accused and since at that stage nothing could be done and as the accused was a young man of 23 years prayer for grant of bail is made before this Court with any condition to be imposed for which the petitioner will abide with the same.

The Hon’ble Court, considering all the facts and submissions stated that “… this Court is of the considered opinion that the case of the petitioner for grant of bail cannot be considered at this juncture. Resultantly, this petition is devoid of merit, the same is hereby rejected. Matter is disposed of.” 

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Judgment reviewed by Bipasha Kundu

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