Gauhati High Court
Rabin Kumar Chakravarty vs The State Of Assam on 21 July, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010044022025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/236/2025
RABIN KUMAR CHAKRAVARTY
SON OF LATE DEBENDRA NATH CHAKRAVARTY, RESIDENT OFGANDHI
BASTI MAIN ROAD, HOUSE NO. 95, P.S. CHANDMARI, P.O. SILPUKHURI,
GUWAHATI, IN THE DISTRICT OF KAMRUP (M), ASSAM, PIN CODE 781003.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
2:TULIKA DEKA
W/O. SRI SATENDRA DEKA
R/O. SUBHAM HEIGHTS
KAHILIPARA
P/S. DISPUR
DIST. KAMRUP 9M0
ASSAM
Advocate for the Petitioner : MS S Z HAYAT, MS S CHAKRABORTY,ABU AKRAM,MD.
MEHDI HASSAN
Advocate for the Respondent : PP, ASSAM, MR. K P PATHAK, AMICUS CURIAE, R2
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 21.07.2025
Heard Ms. S.Z. Hayat, learned counsel for the applicant-appellant; Mr. M.P. Goswami,
learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam;
and Mr. K.P. Pathak, learned counsel, who has been appointed as an Amicus Curiae to
represent the opposite party-respondent no. 2/informant by the Order dated 26.06.2025.
2. The instant interlocutory application under Section 430, Bharatiya Nagarik Suraksha
Sanhita [BNSS], 2023 is preferred praying for suspension of execution of the sentence passed
against the applicant-appellant and for his release on bail.
3. The applicant as the appellant has preferred the accompanying criminal appeal,
Criminal Appeal no. 85/2025 under Section 415[2], Bharatiya Nagarik Suraksha Sanhita
[BNSS], 2023 against a Judgment and Order dated 05.02.2025 passed by the Court of
learned Additional Sessions Judge-cum-Special Judge [POCSO], Kamrup [Metro] in Sessions
Special Case no. 28/2021. By the Judgment and Order dated 05.02.2025, the applicant-
appellant has been convicted for the offences under Section 8 of the Protection of Children
from Sexual Offences [POCSO] Act, 2012 and Section 354, Indian Penal Code [IPC]. For the
offence under Section 8 of the POCSO Act, the applicant-appellant has been sentenced to
undergo rigorous imprisonment for three years and to pay a fine of Rs. 10,000/-, with default
stipulation. For the offence under Section 354, IPC, the applicant-appellant has been
sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/-,
with default stipulation.
4. Ms. Hayat, learned counsel for the applicant-appellant has submitted that during the
course of investigation, the applicant-appellant had spent a period of twenty-seven days in
custody. It is further submitted that after the applicant-appellant was granted bail, he faced
the trial after submission of the charge-sheet and during the course of the trial, he was
regularly present. After the Trial Court held him guilty, the Judgment and Order on conviction
and sentence had been passed and the Trail Court had allowed the petitioner to remain on
previous bail.
5. Mr. Goswami and Mr. Pathak, learned counsel appearing for the opposite parties have
submitted that the applicant-appellant has been held guilty for committing the acts of sexual
assault and outraging the modesty of a child and the applicant-appellant had committed
those acts when he was serving as a Manager in a Multi-Storyed Apartment Complex/Society
and the events took place during the years - 2020-2021, when the victim was studying in
Class-VIII.
6. In response, Ms. Hayat, learned counsel for the applicant-appellant has submitted that
the applicant-appellant is no longer serving as a Manager in the said Multi-Storyed Apartment
Complex/Society.
7. It is noticed that during the course of investigation, the applicant-appellant had spent a
period of twenty-seven days in custody and thereafter, he was granted bail with certain terms
and conditions. It transpires that there is no allegation of violation of the said terms and
conditions during the subsequent stage of the investigation as well during the course of the
trial. Having regard to the mater in its entirety, this Court is of the considered view that the
applicant-appellant has been able to make out a prima facie case for suspension of the
execution of the sentence against him and for his release on bail.
8. In the above view of the matter, the instant interlocutory application under Section
430, BNSS, 2023 is allowed by observing that the applicant-appellant shall be allowed to go
on bail on furnishing a bail bond of Rs. 25,000/- with one surety of the like amount to the
satisfaction of the learned Trial Court with the condition that the accused-appellant shall not
leave the territorial limits of the Trial Court without the prior written permission of the Trial
Court.
9. The instant application is allowed with the afore-stated terms and conditions.
JUDGE
Comparing Assistant
