WALLAM JINGSUK BARIM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is arrayed as an Accused No.3 (A3) in connection with a Special NIA Case No.1 of 2022 (NIA Case No.RC-7/2022) registered for the alleged offences punishable under Sec. 120B/121/121A/122 IPC read with Ss. 3 and 5 of the Explosive Substance Act, 1908 and a Charge Sheet was filed vide Charge Sheet No.18/2022 dtd. 29/7/2022 under Sec. 120B IPC r/w Sec. 6 of Explosive Substance Act, 1908.

(2.) The petitioner had moved bail applications before the Special Judge (NIA) and the same was rejected on 22/9/2022, 9/3/2023 and 21/8/2023. Thereafter, the petitioner has filed a bail application before this Court, which was taken up as Bail No.48 of 2023 and the same was withdrawn on 28/9/2023 with liberty to file afresh application.

(3.) According to the petitioner, there are no materials to implicate the petitioner, who is said to be a member of the banned Hynniewtrep National Liberation Council (HNLC) and there is no order of detention under Unlawful Activities (Prevention) Act, 1967. It is submitted by the petitioner that for an offence falling under Sec. 120B IPC namely, criminal conspiracy, the maximum punishment that can be imposed as per the provision of the Act is either death or imprisonment for life and there is no iota of evidence to show that the petitioner had deliberately conspired with others to commit the offence of bomb blasting under Sec. 6 of the Explosive Substance Act, 1908, thereby the petitioner had abetted the offence.