KALIDAS @ SEKHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred invoking Sec. 21 of the National Investigation Agency Act, 2008 challenging an order passed by the Special Court for Trial of NIA Cases, Ernakulam (the Special Court) dismissing an application for bail submitted by the appellant who is the first accused in SC No.02/21/NIA/KOC.

(2.) The case was one originally registered by Edakkara Police based on the disclosure made by the appellant during the investigation pursuant to his arrest in connection with another crime. The disclosure made by the appellant was that he and others had organized a training camp during September 2016 in Karulai forest with arms, including automatic rifles for furthering the activities of the proscribed terrorist organization, CPI (Maoist), with a view to wage war against the Government of India. The case was later transferred to the Anti Terrorist Squad of the State Government and whilst so, the National Investigation Agency (NIA) took over the investigation and concluded the same by submitting the final report. The offences alleged against the appellant are offences punishable under Ss. 120B, 121, 121A and 122 of Indian Penal Code (IPC), Sec. 27(1)(e)(iv) of the Kerala Forest Act, 1961, Sec. 7 read with Sec. 27(2) of the Arms Act and Ss. 18, 18A, 20, 38 and 39 of the Unlawful Activities (Prevention) Act (UAPA).

(3.) The appellant was arrested in connection with the case as early as on 17/10/2017 by Edakkara Police and he is in custody ever since his arrest. The application submitted by the appellant for bail was dismissed by the Special Court placing reliance on Sec. 43D(5) of the UAPA Act which provides that no person accused of an offence punishable under Chapters IV and VI of the UAPA Act shall, if in custody, be released on bail if the court, on a perusal of the case diary or the report made under Sec. 173 of the Code of Criminal Procedure, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.