Meghalaya High Court
Shailja Singh vs State Of Meghalaya & Anr on 22 April, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 02
Spl. List
HIGH COURT OF MEGHALAYA
AT SHILLONG
BA No. 18 of 2026
Date of order: 22.04.2026
Shailja Singh Vs State of Meghalaya & anr
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. N.K. Gupta, Adv with
Ms. M. Surong, Adv.
Ms. M.S. Malsom, Adv.
For the Respondent(s) : Mr. N.D. Chullai, AAG with
Mr. E.R. Chyne, GA
1. Heard Mr. N.K. Gupta, learned counsel for the petitioner, who
has submitted that this is an application made on behalf of the accused
person, namely Shri Naveen Singh.
2. The learned counsel has submitted that the accused person in
question was arrested on 10. 04. 2026 on the strength of an FIR lodged
on 10. 04. 2026 by the Principal of the Jawahar Navodaya Vidyalaya,
South West Khasi Hills District, Mawkyrwat wherein, there is an
allegation of molestation against the said accused person, the act that have
been committed, being that on a student of the said school, the accused
person is a teacher of the said school.
3. It is the further submission of the learned counsel that at this
stage, the prayer made in this petition is for grant of interim bail,
inasmuch as, the accused person is to solemnise his marriage on
25.04.2026 at Gwalior, Madhya Pradesh, all the necessary arrangement
have been made for the said marriage, as such, for ends of justice, it is
Page 1 of 4
prayed that interim bail may be granted with any conditions to be imposed
by this Court.
4. In support of his submission, the learned counsel has referred
to the case of Arvind Kejriwal vs. Directorate of Enforcement reported in
(2024) 9 Supreme Court Cases 577 where in at para 20 of the same, it has
been observed:
“….”Interim” bail entailing temporary release can be granted
under compelling circumstances and grounds, even when regular
bail would not be justified. Intolerable grief and suffering in the
given facts, may justify temporary release, even when regular
bail is not warranted. Such situations are not difficult to recount,
though making a catalogue would be an unnecessary
exercise….”
5. In the context of this instant case, the petitioner has also cited
the case of Chanan Das vs. State of Himachal Pradesh wherein, the
Hon’ble High Court of Himachal Pradesh in Cr.MP(M) No. 183 of 2026
vide order dated 09.02.2026 in a similar situation had granted interim bail
to the accused therein for the solemnisation of his own marriage.
6. Also, heard Mr. N.D. Chullai, learned GA who has, at the
outset raised the issue of maintainability of this petition on the ground
that neither the complainant and / or the survivor has been made party
respondents herein, as such, it is prayed that the petitioner may be directed
to implead the same as respondents herein.
7. This Court has considered the submission made and is made
to understand that the accused person in question is presently in custody
as has been submitted by the learned counsel for the petitioner.
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8. It is also the prayer of the petitioner that this application has
been made for grant of interim bail and not for regular bail at this point
of time. The reason being that the accused person is required to proceed
to Gwalior for solemnisation of his marriage.
9. The submission of the learned AAG has substance, inasmuch
as, in a bail application, involving provisions under relevant sections of
the POCSO Act, the complainant or the survivor for that matter is
required to be made party respondent.
10. However, the situation here is slightly different, inasmuch as,
this application is made for grant of interim bail and not regular bail for
the reason aforementioned. The authorities cited by the learned counsel
for the petitioner are also compelling to persuade this Court to also take
note of such authorities.
11. Accordingly, under such peculiar circumstances, the prayer of
the petitioner is hereby allowed.
12. The accused person in question is directed to be enlarged on
interim bail under following conditions:
(i) That he shall not abscond or tamper with the evidence or
witnesses.
(ii) That he shall have no contact or shall not come into contact
with the victim at any point of time during the period he is
on bail.
(iii) That he shall executed a personal bond of Rs. 30, 000/-
with two sureties of like amount to the satisfaction of the
Superintendent, District Prison and Correction Home,
Shillong.
Page 3 of 4
13. That the period of this interim bail as prayed for will be 15
days starting from today. At the end of the 15 days period, he shall report
to the jail authorities on the 8th May, 2026 on or before 5 PM.
14. As submitted by the learned AAG, the accused person is to
file his compliance report on 8th May, 2026.
15. Let the copy of this order be issued upon the Superintendent,
District Prison and Correctional Home, Shillong for compliance.
16.List this matter on 11th May, 2026 for further order(s).
(W. Diengdoh)
Judge
Meghalaya
22.04.2026
“Khraw”
Signature Not Verified Page 4 of 4
Digitally signed by
KHRAWDAPBOR
BUHPHANG
Date: 2026.04.22 19:25:41 IST
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