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2025 DAILYLAW 20882 (GAU)

MONNAF ALI v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/1164/2024 · 2025-04-09

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010243792024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1164/2024 MONNAF ALI RESIDENT OF POKALAGI PART V, PS GOLAKGANJ, PO POKALAGI DIST DHUBRI, ASSAM, 783335 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:SAHERA BIBI W/O JAHAR ALI RESIDENT OF POKALAGI PART V PS GOLAKGANJ DIST DHUBRI ASSAM 78333 Advocate for the Petitioner : MR. N N B CHOUDHURY, MR. A A BARMAN,MR. D SUTRADHAR Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, AMICUS CURIAE (R2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.04.2025 1. Heard Mr. N. N. B. Choudhury, learned counsel for the applicant. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State of Assam and Mr. S. Das, learned Amicus Curiae for the respondent No.2. 2. This is an application filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for suspension of sentence and for allowing the applicant to go on bail. 3. Ms. Begum submits that she needs some time to file an objection. 4. I have considered the submissions made by learned counsel for both the sides. 5. This matter was firstly listed on 02.12.2024, till now no objection has been filed by the State. 6. Therefore this Court is of the opinion that no further chance shall be given to the State to file objection. 7. The case is of a 17 years old girl and a 22 years old boy, who are involved with each other and they had a physical relationship and after that the girl became pregnant. 8. The learned counsel for the applicant submits that the girl is now 23 years old and she is already married to another person and they blessed with a child also. Page No.# 3/3 9. Accordingly to the learned counsel for the applicant, the girl is now happily living with her husband and her family. 10. I have gone through the Judgment. 11. The prayer of the applicant is allowed. 12. It is hereby directed that the sentence imposed upon the applicant Monnaf Ali in Special (P) Case No.137/2021 passed by the learned Special Judge, Dhubri shall remain stayed till disposal of the connected appeal. 13. The applicant Monnaf Ali shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Dhubri. 14. The I.A. stands disposed of. JUDGE Comparing Assistant