RANCHI, India, Nov. 28 -- Jharkhand High Court issued the following order on Oct. 30:
1. Heard Mr. Birendra Kumar, learned counsel for the appellant and Mr. Amit Kumar Das, learned Spl. P.P. for the National Investigating Agency.
2. This appeal is directed against the order dated 21.04.2024 passed in Misc. Criminal Application No. 504 of 2025, in connection with Special (NIA) Case No. 02/2020 arising out of RC Case No. 25/2020, (Chandwa P.S. Case No. 158/2019) by the learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi, whereby and whereunder the prayer for bail of the appellant has been rejected.
3. The prosecution case is that on 22.11.2019 at 8:00 P.M., a patrolling party of Chandwa Police Station in course of patrolling duty stopped at Lukuiya More at Chandwa. It has been alleged that the cadre of banned terrorist organization i.e. CPI (Maoist) who were waiting in advance, fired indiscriminately at the police patrolling party which led to the death of 4 police personnel. Arms and ammunitions were also looted from the martyred police personnel and by raising slogans, the Maoists fled away. Later on, one of the Home Guard namely, Dinesh Ram who had escaped unhurt, rushed to the Chandwa Police Station and lodged a complaint.
4. Based on the aforesaid allegations, Chandwa P.S. Case No. 158 of 2019 was instituted against 18 named and some unknown accused persons. On completion of investigation, chargesheet was submitted against Baijnath Ganjhu, Sunil Ganjhu @ Mangra, Rajesh Kumar Ganjhu, Sanjay Ganjhu, Naresh Ganjhu and Faguna Ganjhu. The Central Government in exercise of its power conferred under Sub-section (5) of Section 6 read with Section 8 of the National Investigating Agency Act, 2008 vide M.H.A. New Delhi, CTCR Division Order no. 11011/42/2020/NIA dated 22.06.2020 directed the NIA to take up the investigation and accordingly, Chandwa P.S. Case No. 158 of 2019 was re-registered as R.C. No. 25 of 2020/NIA/DLI under Sections 147, 148, 149, 452, 302, 353 & 379 of Indian Penal Code, under Section 27 of the Arms Act, under Section 17 (i) & (ii) of Criminal Law Amendment Act and under Sections 10, 13, 17 and 18 of Unlawful Activity (Prevention) Act, 1967. The NIA had submitted the first supplementary charge-sheet against 34 persons for the offences punishable under Sections 120 (B), 121, 121 (A), 122, 147, 148, 149, 302, 307, 353, 395, 396 & 427 of Indian Penal Code, under Sections 10, 13, 16, 17, 18, 20, 21, 38, 39 & 40 of Unlawful Activities (Prevention) Act, 1967 and under Sections 25 (1-b) a, 26, 27 & 35 of the Arms Act.
5. Submission has been advanced by Mr. Birendra Kumar, learned counsel for the appellant that the appellant has been implicated primarily on the basis of suspicion. The appellant has remained in custody since 06.01.2020 and there is no possibility of the trial being concluded in the near future.
6. Mr. Amit Kumar Das, learned Spl. P.P. for the N.I.A. has submitted that in course of investigation it came to light that the appellant is an active member of a terrorist organization and was instrumental in the firing made upon the Police personnel leading to the death of four Police personnel. Efforts are being taken by the NIA for expeditious disposal of the trial as the total number of witnesses shown in the charge-sheet being 146 in number has been toned down to 89 which the prosecution intends to examine during trial. It has been submitted that the prayer for bail of the appellant has already been rejected earlier since a prima facie case u/s 43-D(5) of the Unlawful Activities (Prevention) Act has been found to be made out against the appellant and there being no fresh grounds to reconsider the prayer for bail of the appellant this appeal deserves to be consigned in the arena of dismissal.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x113YmoDdbUlU9D4s69UYIcSdnYsyYbORE7p%2F4u7Ywey&caseno=Cr.A(DB)/812/2025&cCode=1&cino=JHHC010178402025&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
