GUWAHATI: The Gauhati High Court has granted bail to a key accused in the 2019 grenade blast near the Guwahati Central shopping mall that left 12 people injured.
A bench comprising Justice Michael Zothankhuma and Justice Malasri Nandi granted bail to Indra Mohan Borah, who was booked under the Unlawful Activities Prevention Act (UAPA), noting the lack of direct evidence linking Borah to the grenade explosion.
The court acknowledged the possibility of Borah being a member of a terrorist organisation but stressed that the evidence failed to establish his direct involvement in the blast.
The court refused to rely on Section 161 statements made by witnesses, highlighting the need for concrete evidence connecting Borah to the grenade blast.
The prosecution alleged that Pappu Koch Bokoliyal (A1), an alleged member of ULFA(I), threw the grenade on May 15, 2019.
Borah’s counsel sought bail, pointing out that two co-accused had already been granted bail, and only 20 out of 177 prosecution witnesses had been examined.
The Deputy Solicitor General representing the NIA argued that Borah had confessed during interrogation and admitted direct involvement in the grenade explosion.
The High Court, in its evaluation, considered Section 43D(5) of the UAPA, which restricts bail unless the Public Prosecutor is heard and the court finds reasonable grounds to believe the accusations are prima facie true.
Citing the principles of Article 21 of the Constitution of India, the court concluded that the evidence did not substantiate Borah’s role in the explosion, leading to the grant of bail considering his prolonged custody.
Borah was initially arrested by the state police in May 2019 under various sections of the IPC, Explosive Substance Act, and UAPA.
The Ministry of Home Affairs later transferred the case to the National Investigation Agency (NIA) due to its severity.
The NIA submitted a charge sheet against eight accused persons, including Borah, accusing him of providing logistic support to Pappu Koch.
The case continues to unravel as the legal proceedings advance.
