MANOJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and learned counsel for the National Investigation Agency (NIA).

(2.) This appeal, preferred under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 5.01.2019, passed by the learned Judicial Commissioner-cum-Special Judge, NIA, Ranchi, (hereinafter referred to as 'NIA Court'), in Misc. Criminal Application No.1025 of 2018, in connection with Special (NIA) Case No.06 of 2018, RC-21/2018/NIA/DLI, arising out of Dumri (Giridih) P.S. Case No.06 of 2018, whereby the bail application of this appellant has been rejected by the NIA Court.

(3.) According to the NIA's case, the appellant was apprehended on 22.01.2018 while he was going on a motorcycle. The informant Police Officer tried to stop the motorcycle for checking, when this appellant started fleeing away and he was apprehended with the help of the police personnel present there. Upon search, rupees six lakhs was recovered from the appellant along with naxal pamphlets and two duel SIM mobile phones. Upon interrogation, the appellant confessed that he used to work for the maoist leader Krishna Da, and he used to collect levy on his behalf. The recovered amount from appellant was also the levy amount, which he had collected on the basis of a letter handed over to him by the said terrorist Krishna Da, which letter was also recovered from the appellant, written on the back side of a nuxal pamphlet. The appellant was taken into custody and police case, being Dumri (Giridih) P.S. Case No.6 of 2018 was instituted against him for the offences under Sections 386 and 120B of the Indian Penal Code, Sections 13, 16, 17, 20, 21 and 23 of Unlawful Activities (Prevention) Act and also under Section 17 of the CLA Act. The charge-sheet was also submitted against the appellant by the police. Subsequently, the investigation was taken up by the NIA.