Gang Rape Of Minor- Meghalaya HC Denies Bail To BA Student, Directs Jail Authorities To Provide Him Necessary Facilities To Attend Virtual Classes

Rejecting a bail application filed by a BA student accused in a case concerning gang rape of a 16 year old minor girl, the Meghalaya High Court on Monday directed the jail authorities to provide him necessary facilities required for attending virtual classes.

A single judge bench comprising of Justice W. Diengdoh was dealing with a bail plea of one Habibul Islam seeking bail in a POCSO case.

On 21st August last year, an FIR was lodged by victim's father stating that he found his daughter aged 16 years 8 months to be profusely bleeding and on enquiry, was informed that she was abducted and gang raped by three persons.

It was however the case of the petitioner accused that the FIR was lodged only as a counter blast and that there was a love affair between the victim and him. It was also submitted that there were evidence of exchange of message through whatsapp/ Instagram Messenger and Facebook between the two, which were deleted by the victim after the said incident.

Hearing the facts of the case, the Court opined thus:

"While alluding to the principles of bail which has been crystalized in a catena of judgments of the Supreme Court as well as High Courts, it is a foregone conclusion that one of the main and basic consideration for grant of bail is the nature and gravity of the alleged offence depending of the particular facts and circumstances of the case."

Furthermore, it said:

"In the case involving the accused Habibul Islam, as mentioned above, it centers upon an accusation of not only rape simpliciter, but gang rape, that is, a case of sexual assault by more than one person. In such a case, this Court would view the matter seriously with circumspective. This being the case, it would not be wise to release the accused on bail at this stage."

During the course of hearing, it was submitted that the accused was innocent since the medical report of the victim had shown that there was no sign of sexual assault. 

It was also argued that the fact that the accused is a college student who is pursuing his final year B.A. from South Salmara, College under the Gauhati University is also one of the grounds which must be considered by the Court while granting bail.

"Considering the submission of the learned counsel for the Petitioner as regard the fact that the accused Habibul Islam is a student pursuing his studies in BA, this Court hereby directs the jail authorities to provide all the necessary facilities even by allowing the accused/UTP to attend his classes via Online mode." The Court directed.

The petition was accordingly dismissed.

Title: Shri Abdul Kalam SK Vs. State of Meghalaya

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