The Gauhati High Court has granted bail to Akhil Gogoi, who is facing charges of 'waging a war', for his involvement in protests against Citizenship Amendment Act, 2019.
Justice Ajai Lamba heard his bail plea in a 'virtual court' in wake of Corona virus outbreak.
Akhil Gogoi, Krishak Mukti Sangram Samiti (KMSS) leader and anti-CAA Activist, was accused of having 'committed various criminal acts with intent to facilitate design to wage war against the State, by means of using the passage of Citizenship Amendment Bill in Parliament as a cause.'
The Judge said that the Public Prosecutor was not able to show any actionable evidence or material that would indicate waging of war against the State, other than the accusations and contents of the document filed in opposition of bail. The Court said:
I have specifically questioned learned Public Prosecutor as to under what circumstance it has being concluded by the Investigating Agency that such protest against the Bill would constitute waging war against the State. From the document filed before me, through the Assistant Commissioner of Police (Crime), who is the Investigating Officer, no such actionable evidence or material has been pointed out that such protests against CAB and CAA would be sufficient to be translated, at this stage of investigation/stage, so as to conclude that the applicant and other accused waged war against the State. The best case of the prosecution appears to be that the persons named in the FIR and the others instigated the public at large, to protest against the CAB and CAA, which caused damage and destruction to the public property and injuries to public servant and some deaths.
The Court then granted him bail observing that he has been in custody for 41 days and his further custody would not serve any purpose in law, or any purpose of investigation.
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