Guwahati, 16th January: The Gauhati High Court has approved bail for Indra Mohan Borah, who faced charges under the Unlawful Activities Prevention Act (UAPA) for his alleged role in the 2019 grenade blast near the Guwahati Central shopping mall, causing injuries to 12 people.
A bench led by Justice Michael Zothankhuma and Justice Malasri Nandi granted bail to Borah, emphasizing that the evidence presented did not sufficiently establish his direct involvement in the grenade blast. While acknowledging the potential association with a terrorist organization, the court stressed the need for concrete proof linking him to the specific incident.
The High Court’s decision rested on the evaluation that the evidence against Borah lacked adequacy to demonstrate his participation in the grenade attack. Despite recognizing his potential membership in a terrorist organization, the court highlighted that mere association without concrete evidence of involvement in the blast was insufficient grounds for continued custody.
The bench, including Justices Michael Zothankhuma and Malasri Nandi, observed that only 20 out of 177 prosecution witnesses had been examined to date, with two co-accused already released on bail.
Additionally, the court factored in the considerable time Borah had spent in judicial custody—four years, seven months, and twenty-two days—while considering its decision.
The court emphasized that despite the lengthy period of incarceration, the trial had progressed slowly. Furthermore, it took into account the constitutional right to a speedy trial under Article 21 of the Constitution of India.
Borah’s release was ordered upon providing a bail bond of Rs 50,000 and two sureties of the same amount. The court’s ruling underscored the presumption of innocence until proven guilty, highlighting that bail is a norm rather than an exception, especially when the prosecution’s evidence does not strongly indicate the accused’s direct involvement in the alleged criminal act.
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