SURESH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant criminal appeal has been preferred on behalf of the appellant under Sec. 21(4) of the National Investigation Agency Act,2008 for setting aside the order dtd. 2/9/2023 passed in Misc. Criminal Application No. 2021 of 2023 by learned Additional Judicial Commissioner-XVI-cum Special Judge, NIA, Ranchi whereby and whereunder the prayer for bail, in connection with Special NIA Case No. 01/2019 (RC CaseNo.13/2019/NIA/DLI) arising out of Balumath P.S. Case No. 225 of 2018 registered under Ss. 25(1-A) 26(2) and of 35 of Arms Act, under Sec. 17 (i) (ii) of CLA Act and under Ss. 10 and 13 of the Unlawful Activities (Prevention) Act, 1967, has been rejected.

(2.) The prosecution case, as per the First Information Report, in brief is that the case is pertaining to the incident in which people's liberation front of India PLFI members including the Area commander of PLFI for Balumath, District- Latehar assembled on 3/12/2018 to conduct an unlawful act for which a meeting amongst members of people's liberation front of India (PLFI) was being held in the Titir Mahua area of Balubhang under the jurisdiction of Police station Balumath. On the basis of information, a team was formed under the supervision of Mr. Nitin Khandelwal (then SDPO Balumath), which comprised of Quick Action Team of 11th Battalion, 133rd Battalion and 214th Battalion of Central Reserve police force and Shri Sanjay Oroan, officer in charge of Herhanj police station was deputed to conduct a search at the suspected place. The team comprising of above cited police personnel and CRPF personnel reached the spot at around 16.15 Hrs. On seeing the police party, People's Liberation Front of India (PLFI) commander/ personnel tried to escape from the site, but due to the agility of the police personnel, four perosns namely (1) Gulab Kumar Yadav (2) Ravi Yadav @ Amit Ji (3) Pawan Kumar Yadav and (4) Rakesh Kumar Paswan @ Aryan Ji were arrested from the spot. On conducting personal search of the above mentioned four accused persons, arms and ammunitions were recovered from their possession.

(3.) Subsequently, Balumath P.S. Case No. 225/18 dtd. 3/12/2018 was instituted in the District Latehar (Jharkhand) under Sec. 25(1A), 26(2) and 35 of Arms Act 1959, Ss. 17 (i)(ii) of CLA Act and Sec. 10 and 13 of Unlawful Activities (Prevention) Act, 1967 against five named accused persons and after investigation Latehar Police has submitted charge sheet against five accused persons namely (i) Santosh Yadav @ Tiger (ii) Gulab Kumar Yadav (iii) Ravi Yadav @ Amit Ji @ Ravi Kumar Yadav @ Rabi Yadav (iv) Rakesh Kumar Paswan @ Aryan Ji and (v) Pawan Kumar Yadav.