JHARKHAND HIGH COURT ISSUES ORDER ON BHANWAR LAL CHANGAL V/S THE NATIONAL INVESTIGATION AGENCY

RANCHI, India, Jan. 6 -- Jharkhand High Court issued the following order on Dec. 5:

1. Heard Mr. Abhishek Kumar Dubey, the learned counsel for the appellant and Mr. Amit Kumar Das, the learned Spl.P.P. (NIA).

2. This appeal is directed against the order dated 23.05.2025 passed by the learned AJC XVI cum Spl. Judge, NIA, Ranchi in Misc. Criminal Application No. 822/2025, arising out of Special (NIA) Case No. 4/2021 (RC-04/2021/NIA/RNC), whereby and whereunder, the prayer for bail of the appellant has been rejected.

3. The appellant had earlier moved for grant of bail before this Court in Cr. Appeal (DB) No. 272/2024 which however was dismissed vide order dated 20.06.2024.

4. Mr. Abhishek Kumar Dubey, the learned counsel for the appellant has read the statement of Virendra Singh, Head Constable who has been arrayed as PW-62 and has submitted that nothing has come in the statement of the witnesses to suggest that there was connivance between the appellant and the main accused Kartik Behra in pilferage of arms and ammunitions from the camp for furthering terrorist activities. It has been submitted that the appellant has been implicated only on the basis of suspicion. The learned counsel submits that out of 163 chargesheet witnesses, only 16 witnesses have been examined so far and there is no chance of the trial being concluded in the near future. The appellant is in custody since 12.07.2023 and the possibility of the trial being completed in the near future is bleak. Therefore, the appellant deserves the privilege of bail. The learned counsel in support of such contention has referred to the case of "Jalaluddin Khan versus Union of India" reported in (2024) 10 SCC 574 as well as the case of "Athar Parwez versus Union of India" reported in 2024 SCC OnLine SC 3762.

5. Mr. Amit Kumar Das, the learned Spl.P.P. (NIA) has opposed the prayer for bail of the appellant and has referred to paragraph-17.5.1 while submitting that arms and ammunitions were found in an abandoned room situated behind the Battalion Magazine and unaccounted ammunitions as well which was locked and the keys were kept in possession of the present appellant. It has further been submitted that the examination of the witnesses at pargraph-17.5.3 categorically indicates the manner in which the appellant in connivance with Kartik Behra and others had pilfered arms and ammunitions from the BSF camp. It has also been submitted that the judgments relied upon by the learned counsel for the appellant are not applicable in the facts and circumstances of the present case. Mr. Das, the learned Spl.P.P. (NIA) has further submitted that the allegation against the appellant which has been found to be proved in course of investigation makes out a prima facie case under section 43-D (5) of the UA(P) Act and therefore, the present appeal is liable to be dismissed.

6. We have heard the learned counsel for the respective parties and have also perused the affidavits as well as the charge-sheet brought on record.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1FGOVayzLhRn8PX2HBE2oD9CO9Upu%2FNy1Msawq8Zbfq&caseno=Cr.A(DB)/787/2025&cCode=1&cino=JHHC010194742025&state_code=7&appFlag=)

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