SHILLONG, India, June 13 -- Meghalaya High Court issued the following judgment/order on May 12:

1. Heard Mr. M. Halder, learned counsel for the applicant, who has submitted that an FIR dated 05.01.2026 was filed before the Officer-in-Charge, Rongjeng Police Station, East Garo Hills, Meghalaya by the respondent No. 3/complainant, wherein he has reported that his minor daughter was missing, and that she had eloped with the applicant herein.

2. Accordingly, on receipt of the said FIR, police case being Williamnagar Women P.S. Case No. 01 (01) 2026 under Section 3(a)/4 of the POCSO Act was registered.

3. In course of investigation, the applicant was arrested on 06.01.2026, and is now in judicial custody till date.

4. It is the submission of the learned counsel that there is no element of sexual assault present as far as the relationship between the applicant and the minor daughter of the respondent No. 3/complainant is concerned, but rather, it was a consensual relationship which was also duly admitted by the said minor daughter in her statement before the police as well as in her statement made before the Magistrate.

5. In such a situation, the learned counsel submits that this application has been made with a prayer for grant of bail, on the ground that the applicant has no previous criminal antecedent, and that he may be compelled to abide by any conditions that this Court may impose.

6. Mr. H. Kharmih, learned Addl. PP appearing on behalf of the State respondent has also admitted that, prima facie, the case wherein the applicant is involved, is one of a consensual manner, and under such circumstances, considering the relationship of two young people, no strong objection is made for grant of bail at this stage.

7. It is also submitted that by this time, the charge sheet has also been filed, charges framed against the applicant, and the stage of the case before the Trial Court is for recording of evidence of prosecution witnesses which has not yet commenced.

8. In view of the submission of the parties, as has been indicated hereinabove, this Court is of the considered opinion that practically, since investigation has been completed, the applicant is not required for any custodial interrogation, in fact, if prevented from defending his case without the shackles of custody, injustice would be caused to him under the circumstances. Accordingly, even on this ground alone, this Court is of the opinion that the bail sought for, may be granted.

9. The applicant is hereby directed to be released on bail forthwith on the following conditions: i) That he shall not abscond or tamper with the evidence or witnesses; ii) That he shall attend court as and when called for; iii) That he shall not leave the jurisdiction of Meghalaya, except with due permission of the court concerned; and iv) That he shall bind himself on a personal bond of Rs. 30,000/- (Rupees thirty thousand) with one surety of like amount to the satisfaction of the Trial Court. 10. In view of the above, this petition is disposed of accordingly. No costs.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv6dbvSPxGxdmPV8pAiaeIznjEh%2B%2BV8Z8SYYHqkAUSB7U&caseno=BA/19/2026&cCode=1&cino=MLHC010006032026&state_code=21&appFlag=)

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