GAUHATI HC UPHELD AKHIL GOGOI'S BAIL WHILE REJECTING STATE APPEAL AGAINST THE ORDER PASSES BY THE NIA COURT/ GAUHATI HC UPHELD

12th April 2021

The Gauhati HC dismissed the state appeal against the order passed by the Special NIA Court in the matter of Activist Akhil Gogoi. The special NIA Court granted bail to the activist in connection with a riot case.

FACTS

On 10.12.2019, a Sub-Inspector of Police, Chabua Police Station, had lodged an FIR against Akhil Gogoi, stating that it was on 09.12.2019 he led a 6000 persons strong crowd to cause economic blockade and had them pelted stones, one of which had hit the Sub-Inspector's face causing grievous injury. He also alleged that the mob led by the respondent had tried to murder police personnel on duty. Therefore, an FIR was lodged u/s 120(B)/147/148/149/336/ 307/383/326 of the I.P.C. and Sections 15(1) (a)/16 of the Unlawful Assemblies (Prevention) Act, 1967. 

DECISION

The HC noted the special Court's observation, "By the materials related to Akhil Gogoi cannot be prima-facie said to be a "terrorist act" done to threaten the unity, integrity and sovereignty of India or to strike terror in the people. As such, it was held that there was no reasonable ground for holding that the accused/ respondent was prima facie guilty of committing a terrorist act within the meaning of Section 15 of the Act".

The HC held that "The prima facie satisfaction recorded by the learned court was borne out from the materials available on record. This appeal is, therefore, held to be devoid of any merit and is accordingly dismissed."

Author: Papiha Ghoshal