JAI KISHAN SHARMA Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Heard Mr. A. M. Borah, learned senior counsel assisted by Mr. B. Bhagawati, learned counsel appearing for the appellant. Also heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India appearing for the respondent.

(2.) This is an appeal filed by the appellant u/s 21(4) of the National Investigating Agency (NIA) Act, 2008 against the order of rejection of bail dtd. 28/09/2020 passed in BA No - 05 and 22/2020 by the Learned Special Judge NIA, YUPIA, Papumpare, Arunachal Pradesh, in connection with the NIA case no. RC - 03/2019/NIA/GUW u/s 302/307/34 IPC read with Sec. 25 (1b) (a)/27 Arms Act and Sec. 10/13 UA (P) Act.

(3.) The brief facts of the case is that on 21/05/2019 while Tirong Aboh, sitting MLA of Arunachal Pradesh, his son along with 14 others including his four PSO's coming from Dibrugarh towards Khonsa in four vehicles were ambushed and attacked by some unknown persons with sophisticated weapons near Pansumthong village area. In the said incident, Tirong Aboh, his son and ten others were killed and three persons were injured. In this regard, police initially registered a case being Khonsa P.S. Case no. 28/2019 u/s 302/307/34 IPC read with sec. 25 (1b) (a)/ 27 of Arms Act and 10/13 of UA (P) Act and started investigation. After 6 days i.e. on 27/05/2019 another FIR was lodged by Smt. Shakat Aboh, wife of the deceased MLA at the Khonsa Police station. Subsequently, this case was handed over to NIA for investigation and the case was re-registered vide no. RC-3/2009/NIA/GUW.