Akhil Gogoi, Anti-CAA protestor was granted bail on Friday, 27th March, 2020 by the Gauhati High Court via Video Conferencing. Akhil Gogio along with other named persons were accused of conspiring and committing various criminal acts with the intent to facilitating design to wage war against the State, by means of using the passage of Citizenship Amendment Bill in Parliament as a cause. The accused persons used CAB as an instrument to conduct unlawful assemblies at various locations with deadly weaponry.
Akhil along with others were also accused of promoting the engagement of other people into such unlawful assemblies and conspiring to cause grievous hurt to public servants with the help of deadly and inflammable substances.
Public Prosecutor, P.P Baruah opposed the bail, stating that it was clear from the F.I.R that Akhil Gogoi was the mastermind behind the conspiracy and that the intercepted calls between Akhil Gogoi and other members of KMSS from 4th December, 2019 onwards indicated instigation of workers to launch massive protest against Citizenship Amendment Bill (CAB) and to bring them to Guwahati for the purpose. According to the respondent, Akhil Gogoi was an active participant in most of the violent rallies and allegedly incited several people to adopt violent methods in the process, which is a clear act of waging war against the State.
Justice Ajai Lamba heard the bail plea via video conferencing due to the COVID-19 outbreak. Passing his judgement, Justice Lamba stated that the Public Prosecutor was unable to establish that the KMSS was an illegal organisation, nor was he able to conclude the circumstances under which the rallies could be an act of waging war against the state, as through the Assistant Commissioner of Police (Crime), who was the Investigating Officer, no such actionable evidence or material pointed out that such protests against CAB and CAA would be sufficient to be translated, to conclude that the applicant and other accused waged war against the State.
The Court finally granted Akhil Gogi bail stating that he had been in custody for about 41 days and further custody would not serve any purpose of law or investigation.