07.05.2026 vs State Of Meghalaya on 7 May, 2026

Meghalaya High Court

Date Of Decision: 07.05.2026 vs State Of Meghalaya on 7 May, 2026

Author: W. Diengdoh

Bench: W. Diengdoh

                                                                2026:MLHC:433



Serial No. 02
Regular List

                     HIGH COURT OF MEGHALAYA
                            AT SHILLONG
 AB. No. 4 of 2026
                                                 Date of Decision: 07.05.2026
 Smti. Kaushlya Gour
 W/o Shri. Gopal K. Gour,
 R/o Rukmani Jewellers (P) Ltd,
 Shivshakti Paradise G-66-67,
 Central Soine Rd. Sector-2, Central Spince,
 Vidhyadhar Nagar, Jaipur Rajasthan-302039.
 Represented by Shri Suraj Kumar, (Power of Attorney Holder)
 S/o Shri Diwani Ram
 R/o Pithoragarh, Bilai,
 Uttarakhand - 262520.
                                                        .... Petitioner
                                     - Vs-

 1.     State of Meghalaya,
        Represented by its Secretary, Home Police Department,
        Govt. of Meghalaya, Shillong

 2.     Superintendent of Police,
        Ri-Bhoi District, Nongpoh,
        Meghalaya.

 3.     Officer-in-Charge,
        Khanapara Police Station,
        Ri-Bhoi District,
        Meghalaya

 4.     Smti Suchona Ch. Sangma
        W/o Limison D. Sangma
        R/o Boldampitbari,
        PO/ PS Tikrikilla,
        West Garo Hills District,
        Meghalaya
        (Respondent No. 4 struck off vide order dated 27.03.2026)
                                                      .... Respondents

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                                                                     2026:MLHC:433




Coram:
              Hon'ble Mr. Justice W. Diengdoh, Judge
i)    Whether approved for reporting in                     Yes/No
      Law journals etc.:
ii)   Whether approved for publication
      in press:                                             Yes/No
Appearance:

For the Petitioner/Appellant(s)   :     Mr. K. Paul, Sr. Adv with
                                        Mr. S. Chanda, Adv.
                                        Ms. S. Khatun, Adv.
                                        Mr. T.C.S. Lama, Adv.

For the Respondent(s)             :     Mrs. N.G. Shylla, Sr. GA with
                                        Mr. J.N. Rynjah, GA.


                      JUDGEMENT AND ORDER (ORAL)

1. Heard Mr. K. Paul, learned Sr. counsel along with Mr. S. Chanda,

learned counsel for the petitioner, who has submitted that an FIR dated

SPONSORED

09.07.2024 was lodged by one Smti. Suchona Ch. Sangma before the

Superintendent of Police, Ri-Bhoi District, wherein certain allegations of

financial mismanagement, misappropriation and irregularities have been

directed against Shri. Gopal Krishna Gour, who is the husband of the petitioner

herein.

2. Accordingly, on receipt of such FIR, a case was registered as

Khanapara P.S Case No. 25 (7) 2024 under Section

381/408/120B/417/418/420/34 IPC, and investigation was launched.

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2026:MLHC:433

3. In course of investigation, the petitioner being the wife of the main

accused that is, Shri. Gopal Krishna Gour, is apprehensive of imminent arrest as

she was also implicated in the case as her name has surfaced during

investigation. Hence, this petition.

4. The learned Sr. counsel has further submitted that the fact that all the

sections of law involved in the case carries punishment of less than 7(seven)

years or to the extent of 7(seven) years, therefore, the petitioner could not have

been arrested unless prior notice under Section 35(3) of the BNSS has been

issued upon her which has not been done so. This contention has the support of

the relevant case law in the case of Satender Kumar Antil v. Central Bureau

of Investigation and Anr, wherein, the Hon’ble Supreme Court in MA No.

2034 of 2022 in MA No. 1849 of 2021 in Special Leave Petition (CRL.) No.

5191 of 2021, vide order dated 15.01.2026, has inter-alia directed that “A notice

under Section 35(3) of the BNSS, 2023 to an accused or any individual

concerned, qua offences punishable with imprisonment up to 7 years, is the

rule.”

5. The other submission of the learned Sr. counsel is that since the

Hon’ble Supreme Court has already granted anticipatory bail to another co-

accused, that is, Shri Rahul Sharma, in connection with the same Khanapara P.S

Case No. 25 (7) of 2024, vide order dated 21.04.2025 in Criminal Appeal No.

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2026:MLHC:433

2077 of 2025, therefore, on grounds of parity, anticipatory bail may also be

granted to the petitioner herein with any conditions fit to be imposed by this

Court.

6. Mrs. N.G. Shylla, learned Sr. GA along with Mr. J.N. Rynjah,

learned GA appearing for the State respondent, has no strong objection to the

prayer made in this petition, but has submitted that the petitioner, if allowed to

go on anticipatory bail, she must cooperate with the investigation and be made

available as and when required.

7. In view of what has been submitted by the learned Sr. counsel for the

petitioner, even on grounds of parity, taking into account the order of the Hon’ble

Supreme Court dated 21.04.2025 (supra), the prayer of the petitioner is hereby

allowed.

8. In the event of arrest, the petitioner is to be released on bail on the

following conditions:

i) That she shall not abscond or tamper with the evidence or

witnesses;

ii) That she shall attend court as and when called for;

iii) That she shall not leave the jurisdiction of India, except with

due permission of the court concerned; and

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2026:MLHC:433

iv) That she shall bind herself on a personal bond of ₹ 50,000/-

(Rupees fifty thousand) with two local sureties of like amount

to the satisfaction of the Trial Court.

9. In view of the above, this petition is disposed of accordingly. No

costs.

Judge

Signature Not Verified 5
Digitally signed by
DARIKORDOR NARY
Date: 2026.05.07 18:49:56 IST