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2025 DAILYLAW 1149 (MEG)

ARIBUL ARENGH v. THE STATE OF MEGHALAYA AND 2 ORS.

AB/17/2025 · 2025-08-14

W Diengdoh

body2025

Judgment text

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1 Serial No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG AB. No. 17 of 2025 Date of Decision: 14.08.2025 Shri. Aribul Arengh, S/o Smt. Griti Arengh, R/o Lower Rajapara, P.S. Ranikor, District: South West Khasi Hills, Meghalaya. …….. Petitioner - Vs- 1. The State of Meghalaya represented by The Commissioner and Secretary, Department of Home, Civil Secretariat Building, Shillong. 2. The Superintendent of Police, South West Khasi Hills District, Meghalaya. 3. The Officer-in-Charge, Ranikor P.S. South West Khasi Hills District, Meghalaya. …….. Respondents Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Mr. N.I. Choudhury, Adv. Ms. G. Pyngrope, Adv. 2025:MLHC:726 2 For the Respondent(s) : Mrs. N.G. Shylla, Sr. GA. with Mr. E.R. Chyne, GA. i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No JUDGMENT AND ORDER (ORAL) 1. Heard Mrs. N.G. Shylla, learned Sr. GA assisted by Mr. E.R. Chyne, learned GA for the State respondent, who has submitted that, pursuant to the order dated 06.08.2025 passed by this Court, the status report has been filed by the Investigating Officer. The learned Sr. GA has led this Court to the contents of the status report which contains amongst others the statement made by the father of the petitioner as well as the mother of the petitioner under Section 180 BNSS. 2. The learned Sr. GA has submitted that on perusal of such statement, it can be seen that there is no certainty as to the identity of the petitioner, inasmuch as, there are inconsistencies as far as the issue of how the birth certificate of the petitioner was obtained and also the fact that the complainant has no knowledge of his identity as the son of Shri. Rana Ahmed and Smti. Griti Arengh. She however fairly submits that these are matters of evidence which would be looked into by the Trial Court in due course, suffice it to say that, on this Court having allowed the petitioner to go on 2025:MLHC:726 3 interim bail vide the said order dated 06.08.2025, the petitioner has appeared before the Investigating Officer on 11.08.2025 and his statement was recorded by the Investigating Officer. In fact, even before this instant application was made before this Court, the Investigating Officer has contemplated issuance of a notice under Section 35, but the same could not be affected. 3. Be that as it may, the learned Sr. GA has not made any strong objection to the prayer made in this application, but has submitted that, if enlarged on anticipatory bail, stringent conditions may be imposed on the petitioner. 4. Mr. N.I. Choudhury, learned counsel for the petitioner, on the other hand, has submitted that, if enlarged on anticipatory bail, the petitioner would bind himself by any conditions to be imposed by this Court. 5. On the basis of the submission made by the learned counsel for the parties, without going into the merits of the case of the petitioner, this Court is also inclined to allow the prayer made in this application. 6. Accordingly, in the event of his arrest, the petitioner is directed to be released on bail on the following conditions: i) That he shall not abscond or tamper with the evidence and witnesses; 2025:MLHC:726 4 ii) That he shall appear before the Investigating Officer as and when required; iii) That he shall not leave the jurisdiction of the State of Meghalaya without prior permission of the Trial Court; and iv) That he shall bind himself on a personal bond of ₹ 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the Trial Court. 7. In view of the above noted observations, this application is disposed of accordingly. No costs. Judge 2025:MLHC:726 Digitally signed by DARIKORDOR NARY Date: 2025.08.14 16:54:57 IST