ABU SAMAD Vs. NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) Petitioner prays for bail in connection with RCNo.04/2021/NIA/DLI dated March 2, 2021 under Ss. 326/307/120B of the Indian Penal Code and under Ss. 3 and 4 of the Explosives Substances Act and under Ss. 16/18 and 20 of UA(P) Act, 1967 in NIA Case No.01 of 2021 arising out of Azimganj GR Police Station Case No.05/2021 dated February 17, 2021.

(2.) The investigations in respect of such police case are now being conducted by the National Investigating Agency (NIA) constituted under the provisions of the National Investigation Agency Act, 2008.

(3.) Learned Advocate appearing for the NIA raises the issue of maintainability of the present application for grant of bail and submits that the present petition for bail is not maintainable in view of the provisions of the Act of 2008 particularly Sec. 21 thereof. He relies upon (2014) 1 Supreme Court Cases 258 (State of Andhra Pradesh vs. Mohd. Hussain alias Saleem) as also an order dated June 9, 2021 passed in CRM 3656 of 2021 (in the matter of: Surojit Mandal) by a Coordinate Bench in support of his contentions.