AJAY TURI Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The instant appeal preferred under Sec. 21(4) of the National Investigation Agency Act, 2008 is directed against the order dtd. 4/1/2023 passed by learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi whereby and whereunder the prayer for bail in connection with NIA Case RC-01/2021/NIA/RNC registered under Ss. 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B, 121A and 216 of the Indian Penal Code Sec. 25(1)(b), 26, 27 and 35 of the Arms Act, Sec. 3 & 4 of Explosive Substance Act, Sec. 10, 13, 16(1)(b), 20 and 23 of UA(P) Act and Sec. 17 of CLA Act, 1908, has been rejected.

(2.) The prosecution case is based on the information received by Balumath police station that at about 19 hours on 18/12/2020, some unknown persons were burning vehicles by firing indiscriminately near check post no.1 near Tetariakhand colliery. Assailants fired on the police party that had rushed to the spot. Accused persons had burnt four trucks one motorcycle and injured four civilians. The remnants of the burnt vehicles, fragments of a cane bomb with wire, a white colour empty gallon of approx 02 liters, spent cartridges and three hand written pamphlets containing threats to the transporters and coal companies, involved in the mining area signed by one Pradip Ganjhu (A-3) were found from the spot. Upon further inquiry it was revealed that gangster Sujit Sinha(A-1) and Aman Sahu @Aman Sao(A-2) had conspired with accused Pradeep Ganjhu (A-3) and his associates namely Santosh Ganjhu, Bihari Ganjhu, Sakendra Ganjhu, Pramod Ganjhu and others to collect extortion from CCL transporters, contractors, DO holders and disruption of legitimate works. Accordingly, Balumath PS case no 234/2020 dtd. 19/12/2020 was registered u/s 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387 and 120B of IPC Sec. 27 of Arms Act, Sec. 3/4 of the Explosive Substance Act, against Sujit Sinha, Aman Sahu @ Aman Sao, Pradeep Ganjhu, Santosh Ganjhu, Bihari Ganjhu, Pramod Ganjhu, and 5- 6 other unknown accused persons. The ministry of Home Affairs (MHA) Government of India in view of the gravity of the offence and its cross border and international ramification issued orders in exercise of the powers vested under Sec. 5(5) read with sec. 8 of the NIA Act 2008 vide F. No. 11011/01/2020/NIA dtd. 7/1/2020, directed the NIA to take up the investigation of the aforesaid case. On the direction of the. Ministry of Home Affairs NIA re-registered case no 01/2021/NIA-RNC dtd. 4/3/2021 under Sec. 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B,, 121A, 216 of IPC Sec. 25(1)(b), 26, 27 and 35 of Arms Act Sec. of Explosive Substance Act Sec. 17 CLA Act and Sec. 10, 13, 16(1), (b), 20 and 23 UA(P) Act. After investigation NIA submitted chargesheet against Sujit Sinha (A 1), Aman Sahu (A 2), Pradip Gajhu alias Mandalji alias Premji (A-3), Santosh Gajhu (A 4), Bihari Ganjhu alias Bahira (A 5), Sakendra Ganjhu (A 6), Pramod Ganjhu (A7), Babulal Turi alias Prabhatji alias Prabhatji alias Guruji alias Avinashji alias Shankarji (A 8), Ajay Turi (A 9)(petitioner), Santosh Kumar alias Banti Yadav alias Banti Yadav (A 10), Prabhat Kumar Yadav alias Dimple Yadav (A 11), Pritam Kumar alias Chinku (A 12), Santosh Kumar Yadav (A13), Jasim Ansari (A14), Wasim Ansari (A15), petitioner Majibul Ansari (A16) and Jahiruddin Ansari alias Guddu (A17) u/s 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B, 121A, 216 of IPC, Sec. 25(1) (6), 26, 27, 35 of Arms Act, Sec. 3/4 of Explosive Substance Act, Sec. 17 of CLA act, 1908 and Sec. 10, 13, 16(1) (b), 20, 23 of Unlawful Activities (Prevention) Act.

(3.) It appears from the material available on record that on the basis of the written report Balumath PS case no 234/2020 dtd. 19/12/2020 was registered u/s 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387 and 120B of IPC Sec. 27 of Arms Act, Sec. 3/4 of the Explosive Substance Act.