MALABYA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) 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 Sec. 483 of the BNSS, 2023 read with Sec. 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 Ss. 109/113/118/152/61(2)(a)/147 of the BNS, 2023 read with Ss. 3/4/5 of the Explosive Substances Act, 1908 along with Ss. 10/13/16/18 of the Unlawful Activities (Prevention) Act, 1967 (Amended 2012) and Ss. 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.