Allowed¶24

Niki @ Roki Ali v. the State of Assam and Anr.

Gauhati HC3 Aug 2025I.A.(Crl.)/772/2025

Case brief

AI extract

What is this about?

Suspension of sentence; release on bail pending criminal appeal; Section 430 BNSS 2023; Section 366 IPC conviction; abduction from Choulkhowa High School on scooty; co-accused Ibrahim Ali acquitted; victim PW-2 age unascertained (15 years per FIR); scooty not seized; prima facie case for bail; Gauhati High Court; Justice Manish Choudhury; Sessions Case no. 117/2018 Dibrugarh; Additional Sessions Judge Judgment and Order dated 31.05.2025; bail bond Rs. 10,000/- with one surety; fine Rs. 5,000/-.

What did the court decide?

Suspension of the sentence passed against the applicant-appellant till disposal of the accompanying criminal appeal; release on bail on furnishing a bail bond of Rs. 10,000/- each with one surety of the like amount; the interlocutory application stands disposed of in these terms. ¶24

Niki @ Roki Ali Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the applicant-appellant, convicted under Section 366 IPC and sentenced to rigorous imprisonment of three years with fine, has made out a prima facie case for suspension of the execution of the sentence and for his release on bail during the pendency of the accompanying criminal appeal, under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶17

Court's answer

After hearing learned counsel for the parties, this Court is of the considered view that the applicant-appellant has made out a prima facie case for suspension of the execution of the sentence passed against him and for his release on bail.

¶23

Ratio / Principle

The sentence passed against the applicant-appellant shall remain suspended till the disposal of the accompanying criminal appeal, which has already been admitted for hearing.

¶24

Key takeaways

The applicant-appellant shall be released on bail on furnishing a bail bond of Rs. 10,000/- each with one surety of the like amount to the satisfaction of the learned Trial Court.ratio¶24

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Manish Choudhury), Order dated 04.08.2025 in I.A.(Crl.)/772/2025: Application under Section 430, Bharatiya Nagarik Suraksha Sanhita, 2023 by Niki @ Roki Ali, who stood convicted by the Court of Additional Sessions Judge, Dibrugarh in Sessions Case no. 117/2018 (Judgment and Order dated 31.05.2025) under Section 366, Indian Penal Code and sentenced to rigorous imprisonment of three years and a fine of Rs. 5,000/- (default: simple imprisonment for another three months), seeking suspension of sentence and release on bail pending his criminal appeal. Per the prosecution case, the victim was allegedly abducted from Choulkhowa High School on a scooty with the assistance of brother-in-law Ibrahim Ali; the co-accused Ibrahim Ali was acquitted at trial; the victim's age (stated as 15 years in the FIR) could not be ascertained during trial and the alleged abducting scooty was not seized. Finding that the applicant-appellant had made out a prima facie case, the Court suspended the sentence till disposal of the accompanying criminal appeal (admitted the same day) and directed release on bail on furnishing a bail bond of Rs. 10,000/- each with one surety of the like amount to the satisfaction of the Trial Court.

Page No.# 1/3

GAHC010156012025

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : I.A.(Crl.)/772/2025

¶6

NIKI @ ROKI ALI R/O. GHARBANDI CHUK CHOULKHOWA P/O. AND P/S. DIBRUGARH P/O. DIST. DIBRUGARH ASAM PIN-786004.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND ANR REP BY HE PP ASSAM

¶9

2:MAJIDA BEGUM W/O. MD. MUJIBUR ALI R/O. GHARBANDI CHUK CHOULKHOWA P/S. AND DIST. DIBRUGARH ASSAM.

¶10

-----------Advocate for : MR. C CHAKRAVARTY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

¶11

Page No.# 2/3

¶12

BEFORE

¶13

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶14

ORDER

¶15

Date : --04.08.2025

¶16

Heard B.P. Sarmah, learned counsel for the accused-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.

¶17

This application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred by the appellant seeking suspension of sentence passed against him and for his release on bail.

¶18

The applicant as the appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 31.05.2025 passed by the Court of Additional Sessions Judge, Dibrugarh [‘the Trial Court’, for short] in Sessions Case no. 117/2018. By the Judgment and Order dated 31.05.2025, the accused-appellant has been convicted for the offence under Section 366, Indian Penal Code [IPC] and the accused-appellant has been sentenced to undergo rigorous imprisonment of 3 [three] years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another three months.

¶19

As per the prosecution case, the victim was abducted from the premises of Choulkhowa High School by the applicant-appellant with the assistance of his brother-in-law, Ibrahim Ali. Both of them were charge-sheeted. Charge under Section 366, IPC was framed against said two charge-sheeted accused persons. During the course of the trial, the prosecution examined 8 nos. of witnesses to bring home the charge against the two accused persons. At the end of the trial, the accused, Ibrahim Ali has been acquitted from the charge under Section 366, IPC. The applicant-appellant has, however, been held guilty of the charge under Section 366, IPC.

¶20

As per the prosecution case, the alleged victim [PW-2] was taken from the place by the applicant-appellant on a scooty. The age of PW-2, which was stated to be 15 years of age, in the FIR, could not be ascertained during the trial. Even the scooty whereby the victim

¶21

Page No.# 3/3

¶22

was allegedly abducted was not seized.

¶23

After hearing the learned counsel for the parties, this Court is of the considered view that the applicant-appellant has made out a prima facie case for suspension of the execution of the sentence passed against him and for his release on bail.

¶24

It is accordingly ordered that the sentence passed against the applicant-appellant shall remain suspended till the disposal of the accompanying criminal appeal, which has already been admitted today, for hearing. It is further ordered that the applicant-appellant shall be released on bail on furnishing a bail bond of Rs. 10,000/- each with one surety of the like amount to the satisfaction of the learned Trial Court.

¶25

The interlocutory application stands disposed of in the afore-stated terms.

¶26

JUDGE

¶27

Comparing Assistant

Niki @ Roki Ali v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Niki @ Roki Ali v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Saidul Islam Alias Chaidul Islam Vs the State of Assam and Anr.

Kangkan Patgiri Vs the State of Assam

Binod Soren Vs the State of Assam

Mantu Ghosh Vs the State of Assam and Anr.

Bhargab Kaushik Vs Dilip Kumar Bhagabati

Chenai Changmai Vs the State of Assam and Anr.