MANENDRA YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These are four appeals under Section 21 (4) of the National Investigation Agency Act, 2008 (for short 'NIA Act, 2008') read with Section 378 (4) of CrPC against the order passed by the Trial Court (NIA Court) rejecting their application for grant of bail under Section 439 of CrPC.

(2.) The appellants have been arrested on different dates in April and May, 2017 for having allegedly committed offence under Sections 121, 122, 123, 120-B and 420 read with Section 34 of IPC on the allegation that they were found involved in terror funding.

(3.) Learned counsel for the appellants would submit that there is no evidence against them prima facie connecting them with the alleged offence. Even if bank accounts and ATM's of some of the accused have been used for withdrawing amounts at different locations and those amounts have been used for terror funding, the appellants being not aware of such fact, they being innocent, they are entitled to be released on bail in view of the law laid down by the Supreme Court in the matters of Izharul Haq Abdul Hamid Shaikh and another vs State of Gujarat1 and Yakub Abdul Razak Memon vs State of Maharashtra2. It is also argued that under Section 6 of the NIA Act, 2008, the State Government has to obtain prior permission from the NIA for proceeding ahead with the investigation, however, the same having not been complied with, there is serious lacuna in the prosecution case, therefore, for this reason also, the appellants deserve to be released on bail. It is also submitted that they are in jail for more than 2 years and the trial may take some time, therefore, for this reason also, they are entitled to be released on bail.