MOHET HOJAI Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) This appeal, preferred under Section 21(4) of the National Investigation Agency Act, 2008 (for short, "the NIA Act"), is directed against the judgment and order, dated 15.05.2014, passed by the learned Special Judge NIA, Assam, Guwahati in NIA Misc. Case No. 01/2014 (arising out of NIA Special Case No. 01/2009), whereby the learned Special Judge, NIA rejected the appellant's prayer made under Section 437 Cr.P.C., for grant of bail for a limited period. We have heard Mr. N. Dutta, learned senior counsel, assisted by Mr. D. Talukdar, learned counsel, appearing for the appellant and Mr. D.K. Das, learned standing counsel, National Investigation Agency (hereinafter called 'NIA'), i.e. the respondent.

(2.) The facts, in brief, as may be necessary for disposal of this appeal, are as follows:

(3.) It has also been contended, in the said application, that despite examination of 36 prosecution witnesses out of 400 witnesses, so far, no material evidence could be elicited against the appellant. The NIA, while objecting the prayer for absolute bail, expressed their no objection for releasing the accused person on interim bail with certain conditions. The learned Special Judge, NIA, Guwahati, while passing the impugned judgment and order dated 15.05.2014, observed that, in view of framing of the charge, there existed strong prima facie case against the accused person for proceeding with the trial for the offence punishable under Chapter IV of the UA(P) Act, alongwith the offences under the Penal Code and the Arms Act.