Special NIA Court grants bail to Akhil Gogoi in UAPA case registered at Chabua Police Station for speeches during anti-CAA protest

Assamese activist Akhil Gogoi has been granted bail by a Special NIA Court in relation to the case registered against him under the Unlawful Activities (Prevention) Act (UAPA) by the Chabua Police Station..The Special Court has granted bail to Gogoi on the condition that he furnishes a bail bond of Rs 30,000 along with one surety of the same amount. The Court also directed Gogoi to not tamper with evidence, to appear before the trial court during the trial, to not intimidate or influence witnesses, or leave the country without its prior permission..Gogoi has also been barred from indulging in any activities that would be detrimental to peace and social harmony, or lead to incitement of violence. Breach of any of these conditions imposed would result in cancellation of bail..The case pertains to an incident that took place on December 9, 2019, in Chabua, Assam, where Gogoi allegedly led and addressed a crowd protesting against the Citizenship Amendment Act (CAA). The Court noted that though the speeches made by Gogoi were prima facie provocative and aggressive in nature, he did not directly incite any violence. Having said so, the Court also records that Gogoi also did not do anything to dissuade the protesting crowd that subsequently broke out into violence and vandalism..Whether Gogoi's acts or omissions prima facie make him liable for acts of terrorism under Section 15 of the UAPA was the question before the Court. It was concluded that prima facie, these acts could not be said to be terrorist acts. Specifically and only for the purpose of adjudicating on Gogoi's bail application, the Court's concluded thus,."...the omissions and commissions of A-1 (Gogoi) revealed by the materials cannot be prima facie said to be a terrorist act done with the intention of threatening unity, integrity, sovereignty and security of India or a terrorist act done with the intention to strike terror in the people.".Moreover, the Court noted that the investigation in the case stands complete with the chargesheet having been filed. It was further observed that Gogoi has been in detention for several months now, and that he is also undergoing treatment for illness..In light of all these aspects, the Court proceeded to grant him bail in this specific case "in the interest of justice.".It is to be noted that Gogoi's bail plea in relation to a separate case registered against him by the Chandmari Police Station was rejected by the Special NIA Court. An appeal against the same has been admitted by the Gauhati High Court, which is scheduled to hear the plea on October 13..Read Order: