Meghalaya High Court
Date Of Decision: 07.04.2026 vs State Of Meghalaya Represented By on 7 April, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:302
Serial No. 12
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
BA. No. 13 of 2026
Date of Decision: 07.04.2026
Shri. Sonu Kumar,
S/o Annu Pandit.
Resident of Arunachal Bhawan,
Cleve Colony, Shillong, East Khasi Hills
District, Meghalaya - 793003.
........ Petitioner/Applicant
- Vs-
1. State of Meghalaya represented by
The Public Prosecutor, Government of Meghalaya.
2. X,
R/o Nongshilliang, Rynjah,
Shillong, East Khasi Hills District,
Meghalaya - 793014.
......... Respondents
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. P. Yobin, Adv.
Ms. B.L. Lyngkhoi, Adv.
For the Respondent(s) : Mr. R. Gurung, GA.
Mr. K.P. Bhattacharjee, GA. for R 1.
Ms. A.D. Syiem, Adv. for R 2.
i) Whether approved for reporting in Yes/No
Law journals etc.:
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2026:MLHC:302
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. P. Yobin, learned counsel for the petitioner, who has
submitted that an FIR has been filed by the complainant/respondent No. 2 to the
Officer-in-Charge, Laitumkhrah Police Station, to the effect that a complaint has
been made against the accused person, Shri. Annu Pandit, who is said to have
sexually assaulted the minor daughter of the complainant upon which, on receipt
of the said FIR, a police case was registered being Laitumkhrah P.S. Case No.
08 of 2026 under Section 5(m)/6 of the POCSO Act.
2. Investigation was carried out, and on completion of the same, the
Investigating Officer has filed the charge sheet on 13.02.2026, finding a prima
facie case well-established against the accused person herein for having
committed the offence of penetrative sexual assault on the said minor, for which
he is made to stand trial and answer to the charge under Section 5(l)(m)
punishable under Section 6 of the POCSO Act.
3. It is the further submission of the learned counsel for the petitioner
that the stage of the case before the Trial Court is for consideration of charges
with charges not yet framed.
4. The learned counsel has also submitted that, at this point of time,
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even, on perusal of the contents of the FIR, it is apparent that the offence alleged
to have been committed by the accused person is not so serious, and also the fact
that investigation has been completed, therefore, there is no requirement for any
further interrogation or questioning of the accused person. He further submits
that, the accused person being an old man of about 57 years old, and, if enlarged
on bail, he is willing to abide by any conditions to be imposed by this Court.
Therefore, prayer is made for grant of bail.
5. Ms. A.D. Syiem, learned counsel appearing for the
complainant/respondent No. 2 has submitted that, as instructed, the complainant
has no objection to the prayer made, and has further submitted that, if enlarged
on bail, strict conditions may be imposed upon the accused person.
6. Mr. R. Gurung, learned GA appearing for the prosecution, has
strongly objected to the prayer made, and has submitted that, on perusal of the
materials on record, including the allegation made against the accused person,
what is noticed is that an act of sexual assault has been perpetrated upon a minor
girl only about 8 years old, as such, if enlarged on bail, there is every possibility
for the accused person to intimidate or threaten the witnesses, including the
survivor.
7. Considering the seriousness of the offence, the learned GA submits
that bail may not be granted at this stage.
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8. This Court has taken note of the submission of the parties and also
the facts as has been brought out in this petition through the many annexures
attached thereto. On perusal of the FIR, it is seen that the allegation made is that
the accused person has committed sexual assault by inappropriately touching the
private parts of the survivor. This incident is said to have occurred some time on
10.12.2025, though the same was reported by the survivor to her
mother/complainant only on 14.01.2026. However, on perusal of the statement
made under Section 180 BNSS by the survivor, it is noted that she has stated that
the accused person had committed the same type of offence about four times.
9. The learned GA has also pointed out that at page 79 of this petition
which is a copy of the medical report of the medical examination upon the
survivor, it has been indicated that her hymen is not intact, meaning that sexual
assault has indeed taken place.
10. Though, this Court would not go into the merits of the case since the
same would be agitated upon by the parties before the Trial Court, however,
considering the fact that the accused person is a man of about 57 years old and
the survivor is just 8 years old, irrespective of the nature of the offence, the fact
that he is said to have sexually assaulted her, would prima facie indicate a
depraved mindset. On consideration of this aspect of the matter, this Court, at
this point of time, is not inclined to concede to the prayer made herein.
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11. As has been submitted by the learned GA, it would be prudent for the
matter to proceed and the statement and evidence of the survivor to be duly
recorded by the Trial Court, whereupon, on her being discharged, the accused
person may approach the appropriate court with a fresh prayer for grant of bail.
12. In view of the above, this petition is hereby dismissed as devoid of
merits, the same is disposed of. No costs.
Judge
Signature Not Verified 5
Digitally signed by
DARIKORDOR NARY
Date: 2026.04.07 18:47:30 IST