Page No.# 1/4 GAHC010037642026 2026:GAU-AS:3458 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./552/2026 SRI BIKASH BORAH SON OF LATE JIBAN BORAH RESIDENT OF PULIBOR GONDHIA GAON UNDER PULIBOR POLICE STATION IN THE DISTRICT OF JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 09.03.2026 1. Heard Mr. R. P. Hazarika, learned counsel appearing for the accused petitioner as well as Mr. M. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Bikash Borah, praying for grant of bail in connection with Pulibor P.S. Case No.90/2025 registered under Sections 113(1) BNS Page No.# 2/4 R/W Section 13/18 B/38/39 of U.A.(P) Act. 3. The case started with lodging of an FIR dated 28/6/2025 by the officer in charge of the Pulibor police station wherein it is alleged that on credible information that a person namely, Sri Dhonti Das, who works as a cook at Air Force Station Jorhat is actively supporting the cause of the Terrorist organization the ULFA. It is further alleged that said Dhonti Das was picked up and during investigation he confessed that he has been sympathizing with the organization and is actively supporting the said organization and that also he has been supplying essential materials to the said organization. 4. Thereafter, the police investigated the case and during investigation, the police issued notice under Section 35(3) of the BNSS instructing him to appear on a particular date on which the petitioner appeared and was released on personal bond. 5. Learned counsel for the petitioner submits that the instant case was lodged on 28/6/2025 and it is stated in the forwarding report that the name of the petitioner was taken by Shri Dhonti Das during his interrogation. It is further stated in the said report that the petitioner provided assistance to surrender ULFA caders to facilitate movement of the persons and that he was involved in antisocial elements like waging war against the state, etc. 6. Mr. Chaudhary submits that the allegations made against the petitioners were not substantiated by any evidence on record and it is simply allegations against him. He further submits that the petitioner was taken into custody on 19.01.2026 and the arrest has been shown to have Page No.# 3/4 been made on 21.01.2026 resulting in the violation of the law which requires that the person who is taken into custody has to be produced before the Magistrate within a period of 24 hours. He further submits that a case instituted on 28/06/2025 cannot result in arrest of the petitioner after 6 months. 7. Mr. M.P. Goswami, learned Additional Public Prosecutor for the State submits on the basis of a report submitted by the Investigating Officer of the instant case wherein it is stipulated that the petitioner is a member of a declared terrorist organization and that releasing him on bail would result in disastrous consequences as far as the other accused persons are concerned. He further submits that the petitioner is a habitual offender as he has been arrested in connection with other cases too. 8. On consideration of the submissions made by the parties more so on the allegations being raised against the petitioner in the forwarding report that he has been supporting the terrorist organization and that he has done various illicit operations to support the organization and other allegations were all in the nature of omnibus statements without any particular activities being attributed to him. 9. In view of the same, this Court thinks it fit that the petitioner be released on bail on furnishing of a bail bond of Rs. 30,000/- with one local authority or the like amount to satisfaction of learned, CJM, Jorhat under the following conditions that the petitioner: (i) will appear before the investigating officer as and when called for. (ii) will not tamper with the evidence or influence the witnesses connected in the case. Page No.# 4/4 10. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant