HANGLEM THOIBA MEITEI Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Captioned Criminal Appeal (Crl. A) is a statutory appeal under Sec. 21 of 'the National Investigation Agency Act, 2008 (34 of 2008') (hereinafter, 'NIA Act' for the sake of brevity, convenience and clarity).

(2.) Captioned Crl. A. has been filed assailing 'an order dtd. 22/12/2025 made in Crl. Misc. B. Case No. 440 of 2025' on the file of 'the Court of Special Judge, NIA Special Court-I'. This '22/12/2025 order' shall be referred to as 'impugned order' and 'the Court which made the impugned order' shall be referred to as 'said NIA Court' (both for the sake of clarity and convenience). To be noted, in and by the impugned order, said NIA Court has rejected appellant's bail application. Aggrieved, appellant is before this Court vide captioned Crl. A.

(3.) Factual matrix in a nutshell is that appellant was arrested on 17/6/2025, he was in police custody till 21/6/2025 and he is in judicial custody thereafter; that after registration of FIR being FIR No. 80(11)2024 on the file of Jiribam Police Station, Manipur, pertaining to the alleged murder of a woman at Jairolpokpi (Zairawn), Jiribam, the matter was handed over to NIA which registered an FIR under Sec. 173 of the 'Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)' hereinafter 'BNSS' for the sake of brevity and convenience. and this FIR dtd. 13/11/2024 is on the file of NIA Imphal Police Station (Imphal West District) and this FIR bears No. RC-13/2024/NIA/IMP for alleged offences under Ss. 103(2), 64(1), 324(5), 331(4) & 3(5) of 'Bharatiya Nyaya Sanhita, 2023 (45 of 2023)' {'BNS' for the sake of brevity}, Sec. 25(1-A) of the Arms Act, 1959 and Sec. 20 of the 'Unlawful Activities (Prevention) Act, 1967 (37 of 1967)' (hereinafter 'UAPA' for the sake of brevity and convenience); that thereafter, appellant filed 'a bail application' ('1st Bail Application' for the sake of convenience) vide Cril. Misc. (B) Case No. 357 of 2025, the same was dismissed by said NIA Court; that thereafter, appellant filed 'another bail application' ('2nd bail application' for the sake of convenience) vide Cril. Misc (Bail) Case No. 440 of 2025 which has been dismissed by said NIA Court vide impugned order; that appellant has also filed Cril. Misc. Case 446 of 2025 resorting to Sec. 343 of BNSS for tender of pardon; that in the 2nd bail application, learned Public Prosecutor of NIA has categorically and unambiguously submitted that he has no objection for the bail prayer of applicant and this has been recorded by said NIA Court in paragraph 4 of the impugned order; that notwithstanding the position that NIA Public Prosecutor said no objection to 2nd bail application, said NIA Court rejected the 2nd bail application primarily on the ground that tender of pardon is yet to be granted and on an interesting reasoning that there is no provision for relaxation qua 43D(5) of UAPA i.e. relaxation akin to Sec. 37 of 'Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)' {'NDPS Act' for the sake of brevity}; that the captioned statutory appeal is now before this Court.