AB/28/2026 of PURNA RABHA Vs THE STATE OF MEGHALAYA AND ANR. on 27 August 2026

1. The State of Meghalaya, represented through Secretary and Commissioner, Home Police Department, Govt. of Meghalaya.

2. The Superintendent of Police,

West Khasi Hills District,

Meghalaya.

..……. Respondents

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance: For the Petitioner/Appellant(s) : Mr. A.T. Sarkar, Adv.

Mr. T.Ch. Marak, Adv.

For the Respondent(s)

: Mr. N.D. Chullai, AAG with

Mr. E.R. Chyne, Assistant PP.

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 Mr. A.T. Sarkar, learned counsel for the petitioner, who has submitted that the petitioner being apprehensive of imminent arrest in connection with Mawshynrut P.S. Case No. 08 (03) 2026 under Section 420/120A IPC, has approached this Court with this instant application, seeking grant of anticipatory bail.

2. It is also the submission of the learned counsel that an FIR dated 18.02.2026 was lodged before the Officer-in-Charge, Aradonga Outpost, West Khasi Hills by one Goldamere J. Sangma (Complainant), on the allegation that cheating and fraud have been perpetrated upon him, wherein, he was made to pay a certain sum of money of ₹ 50,000/- (Rupees fifty thousand) to one person namely, Shri. Nethaniel J. Sangma, on the pretext that he will facilitate his employment in the Indian Railways. In the said FIR, the name of the petitioner herein has also been noted as one of the accomplices of the said Shri. Nethaniel J. Sangma. Accordingly, on such apprehension, the petitioner has now approached this Court with a prayer for grant of pre-arrest bail.

3. Mr. N.D. Chullai, learned AAG assisted by Mr. E.R. Chyne, learned Assistant PP appearing for the State respondent, has produced the status report dated 20.08.2026 filed by the Investigating Officer, wherein, it was stated that the petitioner being required for the purpose of investigation, could not be

contacted and his whereabouts were not known at the relevant point of time. However, an attempt has been made to serve the notice under Section 41-A Cr.P.C on the petitioner herein.

4. This being the case, the learned AAG has submitted that the conduct of the petitioner does not entitle him to seek for benefit of pre-arrest bail before this Court. It is therefore prayed that this petition may be dismissed as devoid of merit.

5. This Court has heard the parties and has perused the petition in hand. The status report produced by the learned AAG has also been taken on record and marked as Annexure-X. This Court is also made to understand that investigation is ongoing as far as the said Mawshynrut P.S. Case No. 08 (03) 2026 is concerned, and charge sheet has not yet been filed.

6. On perusal of the said status report filed by the Investigating Officer, it is indeed true that there is a remark that the Investigating Officer, had attempted to affect the notice under Section 41-A upon the petitioner, but he could not be found.

7. Since the petitioner has made his appearance before this Court today, in view of the peculiar facts and circumstances noticed in these proceedings, this Court would urge the petitioner to accept the said notice for the law to be set in motion and to take its own course. However, as far as apprehension of arrest is

concerned, considering the purport of the provision of Section 41-A Cr.P.C, it would be safe to conclude that there is no apprehension of imminent arrest at this point of time. Accordingly, this petition is found to be devoid of merits, the same is hereby dismissed as such.

8. Petition disposed of.

Judge

2026:MLHC:949 Digitally signed by DARIKORDOR NARY Date: 2026.08.27 16:29:18 IST Signature Not Verified