GAHC010028112026 2026:GAU-AS:2125 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./430/2026 MALABYA BORAH ALIAS MAINA S.O LATE GIRISH BORAH, RESIDENT OF SAIKHOWA KHUTIPATHER, PS SAIKHOWAGHAT, DIST TINSUKIA, ASSAM

2: PANKAJ KUMAR SHARMA @ PANKAJ SHARMA S/O SRI ANANDA SHARMA RESIDENT OF HIJUGURI MAHADEV ROAD WARD NO. 10 TINSUKIA PS TINSUKIA DIST TINSUKIA ASSA VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 13-02-2026 Heard Mr. N. Hasan, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.

2. This is an application under Section 483 of the BNSS, 2023 read with Section 187 of the BNSS, praying for grant of regular bail/default bail to the accused applicants, who have been arrested on 22.10.2025 and 23.10.2025 respectively, in connection with Kakopathar P.S. Case No. 50/2025 under Sections 109/113/118/152/61(2)(a)/147 of the BNS, 2023 read with Sections 3/4/5 of the Explosive Substances Act, 1908 along with Sections 10/13/16/18 of the Unlawful Activities (Prevention) Act, 1967 (Amended 2012) and Sections

25(1-A)/27 of the Arms Act.

3. The case of the accused applicants, inter alia, is that on 18.10.2025, the complainant, S.I. Pranab Jyoti Sonowal of Kakopathar Police Station, lodged an FIR before the said Police Station alleging that an information was received via mobile phone from NK/499 Nandeshwar Sahu that a firing incident had taken place at the Army Camp, Kakopathar CoB, 19th Grenadiers, Chelenguri, Kakopathar. It was stated that the complainant was on night patrolling duty at the time of the incident and upon receiving the information, he along with the police party proceeded towards the Army Camp. Upon arrival, it was learnt that at about 00:27 A.M., one unknown truck, which was later recovered at Tengapani Ghat, had suddenly stopped in front of the Army Camp and unidentified persons threw/fired/launched explosive substances towards the Camp, followed by indiscriminate firing by suspected extremists with the intention to cause damage to the lives of army personnel stationed at the Camp, to damage government property, to create terror in the area and among the public and to demoralize the security forces. It was further alleged that the suspected banned organization ULFA (I) was behind the attack and had hatched a criminal conspiracy and planned the attack on the Army Camp. On visiting the place of occurrence, splinters of explosive substances were found lying at the Army Camp along with marks of a recent explosion and damage to the Camp.

4. On receipt of the FIR, the police registered Kakopathar P.S. Case No.

50/2025 under the aforementioned sections.

5. It is stated that accused applicant No. 1 was arrested on 21.10.2025 and produced before the Court of the learned Chief Judicial Magistrate, Tinsukia on 22.10.2025. Accused applicant No. 2 was arrested on 22.10.2025 and produced before the same Court on 23.10.2025. Since then, both accused applicants have been in judicial custody. It is further stated that accused applicant No. 1 filed a bail application before the learned Special Judge, Tinsukia on 21.01.2026 seeking default bail; however, the same was rejected by order dated 21.01.2026. Similarly, accused applicant No. 2 filed a bail application before the learned Special Judge, Tinsukia on 22.01.2026 seeking default bail, which was also rejected by order dated 22.01.2026.

6. It is stated that the Investigating Officer (hereinafter referred to as the I.O.) submitted a petition before the learned Special Judge, Tinsukia on 16.01.2026 seeking extension of time for completion of investigation through the P.I. Court, Tinsukia. Again, on 21.01.2026, the same I.O. filed another petition seeking extension of time for co