Page No.# 1/3 GAHC010156012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/772/2025 NIKI @ ROKI ALI R/O. GHARBANDI CHUK CHOULKHOWA P/O. AND P/S. DIBRUGARH P/O. DIST. DIBRUGARH ASAM PIN-786004. VERSUS THE STATE OF ASSAM AND ANR REP BY HE PP ASSAM 2:MAJIDA BEGUM W/O. MD. MUJIBUR ALI R/O. GHARBANDI CHUK CHOULKHOWA P/S. AND DIST. DIBRUGARH ASSAM. ------------ Advocate for : MR. C CHAKRAVARTY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : --04.08.2025 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. 2. 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. 3. 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. 4. 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. 5. 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 Page No.# 3/3 was allegedly abducted was not seized. 6. 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. 7. 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. 8. The interlocutory application stands disposed of in the afore-stated terms. JUDGE Comparing Assistant