ANWAR RASHID Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. Mujahid Ahmad, learned counsel for the appellant and Dr. K. N. Singh, learned Senior Advocate (ASG), assisted by Mr. Arvind Kumar, learned Special P.P. for the National Investigation Agency (in short 'NIA').

(2.) This appeal arises out of the order dtd. 25/7/2024, passed by learned Special Judge NIA, Patna (hereinafter referred to as the 'learned trial court') in Special Case No. 07 of 2022, in connection with Phulwarisharif P.S. Case No. 827 of 2022 dtd. 12/7/2022, later on re-registered as NIA FIR No. 31/2022/NIA/DLI dtd. 22/7/2022 for the offences punishable under Ss. 120, 120B, 121, 121A, 153A and 153B/34 of the Indian Penal Code (in short 'IPC'). Upon investigation, the NIA has filed a chargesheet against the appellant for his prosecution under Ss. 120B, 121, 121A, 122, 153, and 153B of IPC and Ss. 10, 13, 17, 18, 20, 38, and 39 of Unlawful Activities (Prevention) [in short 'UA(P)] Act, 1967. Sanction for prosecution of the appellant as required under Sec. 196 Code of Criminal Procedure (in short 'CrPC') and Sec. 45(1) of the UA(P) Act, 1967 has been accorded by the Ministry of Home Affairs, Government of India.

(3.) The prosecution case is based on the self-statement of one Akrar Ahmad Khan, who was the Police Inspector-cum-Police Station Incharge, Phulwarisharif, on 12/7/2022. In his recorded statement, he has alleged as under:-