The Meghalaya High Court has granted bail to a man booked under Unlawful Activities (Prevention) Act (UAPA) for allegedly posting on Facebook that Chief Minister Conrad Sangma should be killed by Hynñiewtrep National Liberation Council (HNLC).
Martin Dkhar was arrested under Section 120 (B) and 506 IPC read with Section 13 of the UAPA Act in connection with his comment on Facebook. He was arrested on the basis of an FIR lodged by Inspector K Thapa.
Dkhar was remanded to custody and is still in judicial custody for about 58 days.
Police alleged that Dkhar posted two derogatory comments on his Facebook page on August 15, 2022, directed against the Chief Minister of Meghalaya with the comments “HNLC should kill him”.
Police also alleged that the comment in question amounted to a conspiracy to jeopardise the ongoing peace talks between the Central government, the State government and the HNLC.
On October 13, the High Court bench of Justice Wanlura Diengdoh heard the bail plea moved by Dkhar’s wife Anjana Wahlang.
The court took into account Dkhar’s statement that he was under the influence of alcohol and was alone at his home when he started browsing his Facebook account but he could not remember whether he had posted anything on his Facebook page.
The High Court also noted that on the day when Dkhar was arrested, he was forwarded to the hospital for medical examination and it was found out that he had consumed alcohol.
However, the court did add that it would be determined at the time of the trial as to whether the Facebook post in question was made under the influence of alcohol.
“The statement of the accused also indicates that he was under the influence of alcohol and was alone at his home when he started browsing his Facebook account but he could not remember whether he had posted anything on his Facebook page. However, this is a matter of investigation and the investigating agency is to be allowed to complete all formalities and to file a report in this regard according to the procedure,” the High Court said.
Philemon Nongbri, the lawyer who moved the bail plea, told the High Court that Dkhar is a driver by profession and is presently employed with a private person and as such, has no criminal antecedent or is involved with any unlawful association within the State.
The lawyer also stated that the post in the Facebook page was made while Dkhar was under the influence of alcohol and as such it was not a deliberate or conscious act on the part of the accused.
Further, the lawyer stated that Dkhar being the only bread earner of the family with minor children, if not given bail, great hardship may be caused to the family. He also told the court that if released on bail, Dkhar would abide by any conditions to be imposed by the court and would cooperate with the investigation as and when required.
While granting the bail, the High Court also put conditions to Dkhar that he shall not abscond or tamper with the evidence and witnesses, that he shall appear before the Investigating Officer as and when required, that he shall not leave the jurisdiction of India without prior permission of the court.
The High Court also directed Dkhar to furnish a personal bond of Rs 20,000 with two solvent sureties of like amount to the satisfaction of the court.
