Page No.# 1/3 GAHC010228012024 2025:GAU-AS:698 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1048/2024 EUNUS ALI @ ENNUSH ALI S/O. AJOB ALI, R/O. VILL. BAGAN PAHARTALI, P/O. KAHIBARI, P/S. RANGJULI, DIST. GOALPARA, ASSAM, PIN-783130. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:AKABBAR ALI S/O. SOLIULLAH SHEIKH R/O. VILL.- BAGAN PAHARTALI P/O. KAHIBARI P/S. RANGJULI DIST. GOALPARA ASSAM PIN-783130. Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR M Z SHAH Advocate for the Respondent : PP, ASSAM, MR. T DEURI, AMICUS CURIAE (R-2) BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 23.01.2025 Heard Mr. R Ali, learned counsel for the applicant. Also heard Mr. P Borthakur, learned Addl. PP, Assam and Mr. T Deuri, learned amicus Page No.# 2/3 curiae appearing for the respondent No.2, informant. The present application is filed under section 415(2) of the BNSS, 2023 for suspension of sentence dated 03.09.2024 awarded in Special (P) Case No.12/2017 by the Learned Special Judge, Goalpara and allowing the applicant to go on bail. By the impugned judgment and sentence, the applicant has been convicted under section 8 of the POCSO Act and has been sentenced to undergo RI for 3 ½ years with a fine of Rs.10,000/- and in default to undergo SI for three months. The connected appeal has already been admitted for hearing. Perused the judgment as well as the statement of the victim recorded under section 164 Cr.P.C as well as her deposition during the trial. In her statement under section 164 Cr.P.C, she alleged that the petitioner touched her private parts (breast) while she was sleeping and in her statement before the court, she further alleged of attempt to rape. However, such statement was challenged by the defence during cross examination by contradicting her statement recorded under section 164 Cr.P.C. Considering the matter in its entirety, more particularly, the manner and method of commission of alleged offence as well as gravity of offence and also period of sentence, this court is of the view that ends of justice would be met if the applicant is allowed to go on bail during the pendency of the present appeal. Accordingly, it is directed that the applicant, Ennus Ali @ Ennush Ali, be released on bail on his furnishing a bond of Rs.15,000/- (Rupees Page No.# 3/3 fifteen thousand only) with one solvent surety of the like amount to the satisfaction of the learned Special Judge, Goalpara, with the following conditions: “The applicant shall not leave the territorial jurisdiction of the learned Special Judge, Goalpara without his prior written permission.” In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant