Meghalaya High Court
Shri. Rahul Sharma vs The State Of Meghalaya on 3 March, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
2025:MLHC:125
Serial Nos. 13 & 15
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
AB No. 4 of 2025 with
AB No. 5 of 2025
Date of Decision: 03.03.2025
In AB No. 4 of 2025
Shri. Rahul Sharma,
S/o Shri. Gopal Krishna Gour
R/o. Rukmani Jewellers (P) Ltd
Shivshakti Paradise G-66-67,
Central Soine Rd. Sector-2
Central Spine, Vidhyadhar Nagar
Jaipur Rajasthan-302039
.....Petitioner
- Vs-
1. The State of Meghalaya
Represented by the Commissioner
Secretary, Home Department
Government of Meghalaya Shillong.
2. Smti. Suchona Ch. Sangma,
Prop. M/S Suchona Bonded Warehouse, 9th Mile Baridua.
Ri-Bhoi District, Meghalaya
......Respondents
In AB No. 5 of 2025
Shri. Gopal Krishna Gour
S/o (L) Motilal Gour
R/o Rukmani Jewellers (P) Ltd
Shivshakti Paradise G-66-67,
Central Soine Rd. Sector-2
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Central Spine, Vidhyadhar Nagar
Jaipur Rajasthan-302039
.....Petitioner
- Vs-
1. The State of Meghalaya
Represented by the Commissioner
Secretary, Home Department
Government of Meghalaya Shillong.
2. Smti. Suchona Ch. Sangma,
Prop. M/S Suchona Bonded Warehouse, 9th Mile Baridua.
Ri-Bhoi District, Meghalaya
......Respondents
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Dr. N. Mozika, Sr. Adv. with
Mr. Philemon Nongbri, Adv.
Ms. M. Myrchiang, Adv.
Mr. W.G.R. Mihsil, Adv.
For the Respondent(s) : Mrs. N.G. Shylla, Sr. GA with
Mr. J.N. Rynjah, GA (For R 1)
Ms. P. Bhattacharjee, Adv.
Mr. Z.A. Choudhary, Adv. (For R 2)
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
COMMON JUDGMENT & ORDER (ORAL)
1. Heard Dr. N. Mozika, learned Sr. counsel assisted by Mr.
Philemon Nongbri, learned counsel for the petitioners, who has submitted
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that an FIR dated 09.07.2024 has been lodged against the petitioners before
the Superintendent of Police, Ri-Bhoi District, Nongpoh, wherein the
complainant therein had made a number of allegations against the
petitioners, such allegations relating to the tenure when the petitioner (Shri.
Gopal Krishna Gour) was in control of the management of the Bonded
Warehouse of the complainant, and in course of such management, he has
caused evasion of taxes, fraud and forgery in his personal capacity as well
as through his son, the other petitioner herein. The vehicle belonging to the
complainant which was utilized by him (Shri. Gopal Krishna Gour) during
the relevant period was also missing and the same has not been handed over
to the complainant till date. Accordingly, on such complaint being made,
the FIR was registered as Khanapara P.S. Case No. 25 (07) 2024 under
Section 381/408/120B/417/418/420/34 IPC.
2. As far as this matter is concerned, the learned Sr. counsel has
submitted that this Court had granted interim bail to the petitioners and in
the intervening period, Shri. Gopal Krishna Gour had approached the
Investigating Officer (I/O) at the said Khanapara Police Station, but on
16.02.2025, when he went to the said Police Station, instead of his
statement being recorded, he was actually detained in connection with some
other cases which was registered at the Tura Police Station, and was
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subsequently taken into custody and sent to Tura and from there, was again
forwarded to Ampati, South West Garo Hills in connection with yet another
case where he was eventually arrested. However, as far as the case at
Ampati is concerned, on an application made, Shri. Gopal Krishna Gour
was granted bail the next day.
3. As far as this case is concerned, the learned Sr. counsel has
submitted that the petitioners may be allowed to be enlarged on anticipatory
bail with any conditions to be imposed, even to the extent of furnishing of
bond, though the same is not required in law at this point of time.
4. Mrs. N.G. Shylla, learned Sr. GA assisted by Mr. J.N. Rynjah,
learned GA for the State respondent No. 1, has vehemently opposed the
prayer made in this petition, and has referred to the said FIR dated
09.07.2024 to impress upon this Court that the allegations made therein are
very serious in nature. Again, such allegations being that of fraud, cheating,
forgery and theft, to name a few. The learned Sr. GA has also referred to
the comprehensive report dated 23.02.2025 filed by the Sr. Superintendent
of Police, Ri-Bhoi District, Nongpoh, wherein a detailed report has been
filed, giving the gist of the case of the prosecution, the conduct of the
petitioners, particularly their conspicuous absence in course of
investigation to the extent that the police had to go to their known place of
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residence at Jaipur in the State of Rajasthan to apprehend them, but to no
avail, since they could not be found at the said place. This, according to the
learned Sr. GA, would reflect the bonafide of the petitioners, inasmuch as,
there is no intention on their part to cooperate with the investigation.
5. The other aspect of the investigation is that there is found an
amount of more than six crores in Government taxes, due and payable
which has not been paid by Shri. Gopal Krishna Gour, and also the fact that
he is in conspiracy with about 11 owners of the wine stores situated at Ri-
Bhoi District, Nongpoh, which has compounded the complicity of the
petitioner herein as far as the case is concerned.
6. Another aspect highlighted by the learned Sr. GA is the fact that
in course of investigation, the conduct of the petitioners are found wanting,
inasmuch as, they have failed to cooperate with the investigation to the
extent that a non-bailable warrant of arrest dated 01.10.2024 was issued
against them by the learned Judicial Magistrate First Class, Ri-Bhoi
District, Nongpoh, which purportedly could not be executed till date. It is
because of the reasons aforementioned, the learned Sr. GA has reiterated
that the prayer of the petitioners does not deserved consideration by this
Court, and the interim bail application may be discharged as devoid of
merits.
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7. As far as the facts and circumstances of this case is concerned,
this Court has perused the FIR(supra), and is of the view that the allegations
made therein are serious in nature, more so, as the conduct of the petitioners
have been portrayed as one defying due course of justice by indulging in
activities which are contrary to law. Though, the allegations are yet to be
proved in course of investigation, and eventually, trial, if so warranted.
Nevertheless, the complainant would not have made such allegations, if
there is no semblance of truth in the same.
8. Since the inception of the FIR and the investigation being
launched, it appears that the Investigating Agency has taken steps to compel
the petitioners to cooperate with the investigation, but that has also proved
futile even to the extent that his known place of resident at Jaipur, Rajasthan
has been visited. The further contention of the prosecution that the matter
has reached the stage where even non-bailable warrant of arrest was issued
against the petitioners, the same not being able to be executed till date,
would only cement the fact that the conduct of the petitioners is suspect as
far as these proceedings are concerned.
9. The fact that Shri. Gopal Krishna Gour has indeed visited the
Khanapara Police Station on 16.02.2025 is only on account of the interim
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protection given by this Court, wherein the merits of the petition has not
been gone into.
10. Under such circumstances, in view of the gravity and nature of
the alleged offence and particularly, the conduct of the petitioners right
through the stage of investigation, this Court is of the considered opinion
that no further protection could be given to the petitioners.
11. Accordingly, these petitions are dismissed as devoid of merits.
The interim bail granted is hereby discharged.
12. Petitions disposed of.
Judge
Signature Not Verified
Digitally signed by
TIPRILYNTI KHARKONGOR
Date: 2025.03.03 19:32:21 7
PST