Shri. Tapseng N. Marak vs . State Of Meghalaya & Anr. on 17 October, 2023

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Meghalaya High Court

Shri. Tapseng N. Marak vs . State Of Meghalaya & Anr. on 17 October, 2023

Bench: W. Diengdoh

  Serial No. 01
  Supplementary List



                         HIGH COURT OF MEGHALAYA
                               AT SHILLONG

AB No. 53 of 2023
                                                     Date of Order: 17.10.2023
Shri. Tapseng N. Marak                  Vs.         State of Meghalaya & Anr.

Coram:
             Hon'ble Mr. Justice W. Diengdoh, Judge

Appearance:
For the Petitioner/Appellant(s)   : Mr. S.A. Sheikh, Adv.
For the Respondent(s)             : Mr. R. Gurung, GA with

Mr. J. Thabah, GA Ms. S. Shyam, GA Heard Mr. S.A. Sheikh, learned counsel for the petitioner who has submitted that an FIR was filed before the Dangar Police Outpost by an alleged victim who, in the said FIR had made allegations to the effect that the petitioner herein along with two other persons have raped the said victim in the month of June 2023 at the residence of the petitioner herein. The said FIR being considered a Zero FIR registered vide Mawsynram P.S. Zero FIR case No. 01/2023, the same was forwarded to the Officer-in-Charge, Laban Police Station, East Khasi Hills where the place of occurrence falls within the jurisdiction of such police station. On the basis of the said FIR, the case was registered as Laban P.S. Case No. 74(09) 2023 under Section 376(D)/506 IPC.

In course of investigation, the petitioner being named in the said FIR apprehends imminent arrest and has accordingly approached this Court with this application under Section 438 Cr.P.C for grant of anticipatory bail.

Mr. R. Gurung, learned GA appearing for the State respondents has submitted that the allegations made in the FIR are very serious in nature, the same speaks of gang rape on the victim and as such, on the face of such serious allegations, the nature of the case being grave, this application may not be allowed. In fact, even prayer for grant of interim bail is also opposed, if prayed for. However, the learned GA has submitted that if called upon, the respondents are prepared to produce the case diary before this Court.

This Court has duly considered the application made and would agree with the learned GA that the allegations made in the FIR are indeed very serious in nature. However, before a final order is passed, the Court would prefer to look into the case diary to know the extent of investigation carried out.

Accordingly, as submitted by the learned GA, the case diary of Laban P.S. Case No. 74(09) 2023 under Section 376(D)/506 IPC is hereby directed to be produced on the next date fixed.

List this matter tomorrow, that is, 18.10.2023.

Judge Meghalaya 17.10.2023 "Tiprilynti-PS"

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