Page No.# 1/3 GAHC010052212024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/279/2024 LAKHESWAR BEZBARUAH S/O LATE GHANA BEZBARUAH, R/O BIJOYPUR, P.O.- CHENGAMARI, SOOTEA, PIN- 784175, DIST.- BISWANATH (ASSAM). VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:PHULSAN GORH R/O VILL.- NO. 2 DIPLONGA GOURIPUR P.O.- CHENGAMARI PIN- 784175 P.S.- SOOTEA DIST.- BISWANATH (ASSAM) Advocate for the Petitioner : MR. N BORAH, MR M.J. BHARALI Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, (AMICUS CURIAE, R2) Linked Case : Crl.A./80/2024 LAKHESWAR BEZBARUAH S/O LATE GHANA BEZBARUAH R/O BIJOYPUR P.O.- CHENGAMARI SOOTEA PIN- 784175 Page No.# 2/3 DIST.- BISWANATH (ASSAM). VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P. ASSAM. 2:PHULSAN GORH R/O VILL.- NO. 2 DIPLONGA GOURIPUR P.O.- CHENGAMARI PIN- 784175 P.S.- SOOTEA DIST.- BISWANATH (ASSAM). ------------ Advocate for : MR. N BORAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 13-05-2026 (M. Zothankhuma, J) Heard Mr. N. Borah, learned counsel for the applicant-appellant. Also heard Mr. R.R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent and Dr. P. Agarwal, learned Amicus Curiae for the respondent No.2. 2. The applicant-appellant has been convicted under Section 6 of the POCSO Act, on the evidence given by the victim that due to the aggravated penetrative sexual assault inflicted upon her by the applicant, a child was born to her. 3. A DNA test had been conducted upon the applicant-appellant and the first born child of the victim. The DNA report shows that the DNA of the child of the Page No.# 3/3 victim and the applicant does not match. 4. In that view of the matter, it appears that the victim’s first born child has not been fathered by the applicant-appellant, leaving a question mark as to the credibility of the evidence of the victim. 5. On considering the same in relation to the present application under Section 430 BNSS for suspension of the sentence imposed upon the applicant- appellant, pursuant to the impugned Judgment & Order dated 20.01.2024, passed by the learned Sessions Judge-cum-Special Judge (POCSO), Biswanath Chariali in Special (POCSO) Case No.21/2022, we are of the view that the applicant-appellant has made out a case for grant of bail. 6. Accordingly, the applicant-appellant is granted bail on furnishing a bail bond of Rs.30,000/-, with one surety of like amount to the satisfaction of the learned Trial Court. Consequently, the sentence to be undergone by the applicant-appellant pursuant to the impugned Judgment shall remain suspended till final disposal of the appeal. 7. The I.A is accordingly disposed of. JUDGE JUDGE Comparing Assistant