SHILLONG, India, April 1 -- Meghalaya High Court issued the following judgment/order on Feb. 27:

1. Heard learned counsels for the parties.

2. This is a case where the applicant has come before this Court with a prayer for grant of bail on behalf of her son, Shri. Alberstar Khongjee, who is an accused, who was arrested in connection with Pynursla P.S. Case No. 77 of 2025 under Section 142 BNS, 2023 read with Section 3(a)/4 of the POCSO Act, 2012.

3. The allegation against the said accused person is that he has allowed the niece of the complainant to stay at his residence since 09.12.2025, and there, they had entered into a sexual relationship, the said niece being a minor, hence the FIR was filed with a prayer for necessary action to be taken as per law. Thereafter, the said accused person was arrested on 16.12.2025, and is still in custody till date.

4. Ms. A. Kharshiing, learned counsel for the applicant has submitted that the relationship between the accused person and the survivor is a love relationship, and there is no force, coercion or sexual assault perpetrated against the said survivor. It was the voluntary decision of the survivor to come and reside at the residence of the accused person. Hence, no ill intention can be attributed as far as this act is concerned. This fact was not denied by the survivor in her statement under Section 180 BNSS, when she admitted that she is in a love relationship with the accused and the sexual act was consensual. In view of this fact, it is prayed that the accused person may be enlarged on bail with any conditions deemed fit and proper to be imposed by this Court.

5. Mr. S. Sengupta, learned Addl. PP along with Mr. S.A. Sheikh, learned GA appearing for the State respondent has produced before this Court the compliance report and the status report filed by the Investigating Officer. He has also acknowledged the factual aspect of the case as has been stated by the learned counsel for the applicant, and has pointed out that in the said report, the statement of the survivor has been recorded under Section 180 BNSS, wherein, she had admitted that she is having a love relationship with the accused, who is her boyfriend and she had also gone to his home on her own accord. She had also admitted that she had consensual sex with him once. In view of such statement, the learned Addl. PP has submitted that there is no strong objection by the State respondent for grant of bail.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv4ndn8QkzQm6TQUGkEumcAdI8iL0ZiBLBHjlOGlSTaz9&caseno=BA/2/2026&cCode=1&cino=MLHC010001272026&state_code=21&appFlag=)

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