Back
IN THE HIGH COURT OF GAUHATI
Suman Shyam, Mir Alfaz Ali, JJ.
Amrit Ballav Goswami - Appellant
Versus
National Investigation Agency - Respondent
Crl A No. 13 of 2021
Decided On : 10-03-2021
NATIONAL INVESTIGATION AGENCY ACT - Bail Application - Section 21 of the National Investigation Agency Act, 2008 - Sections 325/326/307/121 IPC, Section 3/5 of the Explosive Substances Act, 1908, Sections 10/13/16/20 of the Unlawful Activities (Prevention) Act, 1967
Fact of the Case:
The appellant was arrested in connection with a grenade blast incident and his bail application was rejected. The appellant argued that he was illegally detained due to his previous connections with a banned organization and his efforts to promote Assamese culture. The respondent contended that the appellant maintained close links with the banned organization and provided ideological support.
Finding of the Court:
The court found incriminating materials against the appellant, including his involvement with the banned organization and communication with its members. However, the court held that there was no evidence to implicate the appellant in the grenade blast incident. The court also noted the appellant's family ties and employment, and granted bail with conditions.
Issues: The issues revolved around the appellant's alleged involvement with a banned organization, his connection to the grenade blast incident, and the grounds for granting bail.
Ratio Decidendi: The court's decision was based on the lack of evidence linking the appellant to the grenade blast incident, the presence of incriminating materials related to the banned organization, and the appellant's family and employment ties.
Final Decision: The court set aside the order rejecting the bail application and granted bail to the appellant with specific conditions.
JUDGMENT
Suman Shyam, J. - Heard Mr. Z. Kamar, learned senior counsel assisted by Mr. N.M. Hazarika, learned counsel appearing for the appellant. We have also heard Mr. D. K. Das, leanred senior counsel assisted by Ms. P.K. Darjee, learned counsel and Mr. Vishal Diwedi, learned Public Prosecutor, NIA, for the respondent.
2. This appeal has been preferred under Section 21 of the National Investigation Agency Act, 2008 assailing the order dated 29/08/2020 passed by the learned Special Judge, NIA Court, Assam, Guwahati, in connection with Misc. Case (NIA) 13/2020, rejecting the bail application filed by the appellant.
3. The facts of the case, in a nutshell, are these :-
(i) On 15/05/2019, Sri Mukut Chandra Deka, S.I, Geetanagar Police Station had lodged an ejahar with the Officer-in-Charge, Geetanagar P.S. informing that on 15/05/2019, when the Police personals from the Geetanagar Police Station was conducting a search operation in front of the Central Mall, R.G. Baruah Road, at about 7-40 p.m., some unknown miscreants threw a grenade on the police party and managed to escape from the scene. Due to the grenade blast, the persons mentioned in the ejahar had received simple and grievous injuries and they have been referred to the Guwahati Medical College & Hospital for treatment. In the ejahar, it was also mentiond that the members of the United Liberation Front of Assam (Swadin) were behind the incident and that the members of the terrorist organization tried to kill peace loving people by causing grievous injury to them. Based on the ejahar dated 15/05/2019, Geetanagar PS Case No. 210/2019 was registered under Section 325/326/307/121 IPC read with Section 3/5 of the Explosive Substances Act, 1908 and Sections 10/13/16/20 of the Unlawful Activities (Prevention) Act, 1967.
(ii) On 16/05/2019, another FIR was lodged with the Satgaon Police Station in connection with the same incident, based on which another Police case was registered and numbered as Satgaon P.S. Case No. 147/2019 under Section 121/121(A)/122 IPC read with Section 25(1B) of the Arms Act, Section 10/13/18/20 of the Unlawful Activities (Prevention) Act, 1967 and Section 5 of the Explosive Substances Act, 1908.
(iii) The appellant was arrested on 17/05/2019 from his residence at Golaghat and later on remanded to Police custody. Subsequently, investigation in connection with the Geetanagar PS case No. 210/2019 and Satgaon P.S. case No. 147/2019 was taken over by the NIA and those cases were re-registered and numbered as NIA case Nos. RC 04/2019/NIA/GUW and RC 05/2019/NIA/GUW respectively. (iv) Upon completion of investigation, NIA had filed charge sheet against 8 (eight) accused persons including the present appellant. The bail application filed by the appellant was rejected by the learned Special Judge, NIA, Assam by impugned order dated 29/08/2020 holding that there was reasonable ground for holding that the appellant was prima facie involved in committing the offences.
4. Mr. Z. Kamar, learned senior counsel for the appellant submits that the FIR was lodged reporting the grenade blast incident that took place near the Central Mall at Guwahati and the investigation was also pertaining to the aforesaid incident only. However, there is no material laid before the Court to even remotely connect the appellant with the aforesaid incident. Rather, the appellant has been illegally detained in custody only due to his previous connections with the United Liberation Front of Assam (ULFA) even-though he had surrendered several years back. It is also the submission of Mr.Kamar that the appellant had formed an organization called "ANMMMTA" which is a Socio Cultural Organization for promoting the Assamese language and culture. Only because of his background as aforesaid and efforts to protect the cultural identity of Assam, the appellant, who is serving as the Vice-Principal of Lakhibari Jatiya Vidyalaya at Golaghat, had been arrested although, there is no incriminating material availabl
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
