Bail Appln./2934/2026 of SRI AMIT BORSAIKIA Vs THE STATE OF ASSAM on 28 September 2026

ORDER

29.09.2026

Heard Mr. B.D. Konwar, learned senior counsel, assisted by Mr. H. Agarwala, learned counsel for the accused and Mr. B. Sarma, learned Additional

Public Prosecutor for the State respondent.

2. This application under Section 483 of the BNSS, is preferred by the accused, namely, Sri Amit Borsaikia, who has been languishing in jail hazot since 28.08.2026, in connection with Uriamghat PS Case No. 17/2026, under Sections 61(2)/305(e)/324(3) of the BNS, read with Section 3(2)(b) of the Prevention of Damage to Public Property Act and Section 15(2) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, for granting bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by K.H. Jayanta Meitei, Security Inspector, ONGC, Jorhat, on 04.08.2026.

4. The essence of allegation in the FIR, dated 04.08.2026, is that on 03.08.2026, at about 17:30 hours, during routine patrolling duty, covering the Trunk Pipe Line (TPL) stretch in Rajapukuri village, the informant and the staff of ONGC have found sign of newly excavated and during inquiry found, they found two connectors, two thick black hoses 5 meters each, four valves, two green thick hoses 4 meters each, used in puncturing and pilfer aging of Crude Oil from the TPL.

5. Mr. Konwar, learned counsel for the accused, submits that the accused was arrested on 20.08.2026 and since then he has been languishing in jail hazot for last 32 days. Mr. Konwar further submits that all the co-accused have already been enlarged on bail and that some of the higher police officials are also involved in the offence of theft of Crude Oil. Mr. Konwar also submits that in view of the period undergone by the accused in jail hazot and in view of the progress of investigation, which is appeared from the order of the learned

Sessions Judge, dated 24.09.2026, his further custodial detention may not be required and therefore, he has contended to release the accused on bail by imposing some strict conditions.

6. Per-contra, Mr. Sarma, learned Additional Public Prosecutor for the State respondent, has vehemently opposed the petition. By producing the case diary, he submits that the IO has collected sufficient incriminating materials against the present accused. Mr. Sarma further submits that the present accused also involved in several other cases and that he is a habitual offender and that investigation is still going on and some of the accused persons are yet be arrested and therefore, he has contended to dismiss this petition.

7. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor.

8. It appears that the IO has collected sufficient incriminating materials against the accused. Further, it appears from the case diary that the present accused person is a habitual offender. He was involved in Doomdooma PS Case No. 0128/2022; Bordubi PS Case No. 0087/2023; Bordubi PS Case No. 0052/2022; and Duliajan PS Case No. 0021/2025, and also involved in highly organized interstate racket.

9. Besides investigation is still going on and some of the accused persons are yet to be arrested. And if the present accused is enlarged on bail at this stage, it will cause serious prejudice to the investigating agency.

10. Under the given facts and circumstances on the record, this Court is of the view that this is not a fit case where the privilege of bail can be granted to the accused. And accordingly, this petition stands dismissed.

11. The case diary be returned.

JUDGE Comparing Assistant