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Judgment
W. Diengdoh, J
Heard Mr. J. Shylla, learned counsel for the petitioner. Also heard Mr. N.D. Chullai, learned AAG.
The petitioner has approached this Court with an application under Section 438 Cr.P.C praying for grant of pre-arrest bail in connection with Khliehriat P.S. Case No. 09(03) 2023 under section 366 IPC read with sections 3(a)/4/5(l)/6 of the POCSO Act.
Before the learned counsel for the petitioner could go on to the merits of the case, this Court has notice certain discrepancies in the petition inasmuch as the name of the alleged minor/survivor has been indicated in the petition which is not in conformity with the observations made by the Hon’ble Supreme Court in cases where minors are involved. To this extent, the learned counsel has submitted that he may be allowed to make necessary corrections.
It is also submitted that since the complainant has been arrayed as respondent No. 2 in this petition, therefore, notice may be allowed to be issued upon the said respondent.
Finally, the learned counsel for the petitioner has submitted that in the meantime, the petitioner may be allowed to be enlarged on interim bail pending final disposal of this petition.
The learned AAG has strongly opposed the prayer for grant of interim bail on the ground that in the petition itself at para 2 it is clearly stated that the petitioner is already a married person and as such, could not have been involved in a love relationship with the alleged survivor.
In reply, the learned counsel for the petitioner has submitted that it is an allegation of the complainant and it is not the admitted position as far as the petitioner is concerned.
This Court on consideration of the submission made, without going into the merits of the matter, would allow the prayer made by the petitioner for correction of the petition and also for issue of notice upon the respondent No. 2.
As far as the prayer for interim bail, at this point of time this Court, for ends of justice, would allow the prayer made. The petitioner is accordingly granted interim bail on conditions that he shall not abscond or have any contacts or even intimidate the survivor or witnesses and that he shall cooperate with the I/O as and when required. The interim bail will be for a period till the next date fixed or until further order.
Mr. Chullai has submitted that he may be allowed to file copy of the case diary along with the status report.
Allowed.
List this matter on 10.08.2023.