BAJRANG SHANKAR Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The present appeal has been filed under Sec. -21(4) of the National Investigation Agency Act, 2008 (hereinafter referred to as the NIA Act) for release of the appellant on bail.

(2.) The prosecution case, in brief, is that one Inspector Bindeshwari Yadav has lodged a written report dtd. 7/9/2018 stating therein inter alia that the Central Government has received information regarding registration of F.I.R. No.323 of 2018 dtd. 7/9/2018 at Muffasil Police Station in the District of Munger, Bihar under Sec. s-121, 379, 414 and 120B/34 of Indian Penal Code, Sec. s-25(1A), 25(1AA), 25(1-B)(a) and Sec. s- 26 and 35 of the Arms Act read with Sec. -39 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as U.A.P.A.) relating to recovery of 3 A.K.-47 weapons and arrest of two persons who were involved in supply of A.K.-47 weapons to Maoists and other criminals in various States from Army Armory, Jabalpur, Bhopal. Accordingly, the case is being registered as RC-31/2018/NIA/DLI dtd. 5/10/2018.

(3.) It is evident from the format of the First Information Report that all together 26 persons were named in the category of accused in the F.I.R. It is the case of the appellant that he is not named in the F.I.R. However, during course of investigation, he has been implicated and arrested and thereafter he is in custody since 6/1/2019.