SUNIL TUDU Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal filed under Sec. 21(4) of the National Investigation Agency Act, 2008, is directed against the order dtd. 26/7/2024 passed by the learned Additional Judicial Commissioner-XVI-cum-Spl. Judge, NIA, Ranchi in Misc. Criminal Application No. 1947 of 2024 (Special NIA Case No.04 of 2020 RC 39/2020/NIA/DLI), by which, the prayer for bail of the appellant has been rejected, in connection with Tiruldih P.S. Case No.16 of 2019 registered under Ss. 147/148/149/379/302/353/323/324 and 435 of IPC, Sec. 27 of Arms Act, Sec. 17 of CLA Act and Ss. 10 & 13 of UA(P) Act.

(2.) The brief facts of the prosecution case leading to this Criminal Appeal is that one FIR was registered on the basis of a self- statement of Sub Inspector-Dayanand Ram of Tiruldih P.S., in which, it was stated that on 14/6/2019, several police personnel were on a patrolling duty and had gone to the weekly market at Kuru, for which a station diary entry was made. It has been alleged that at about 5.45 P.M, the driver of the police vehicle namely Sukhlal Kudada had informed the Munshi Bobby Jha through Mobile that about one hour back, the miscreants have murdered the police personnel by assaulting them with 'bhujali' and had also looted arms and ammunitions. This information was entered in the station diary and it was also informed to the higher officials. After sometime, the police force had gone to the place of occurrence and found the dead body of several police personnel at the place of occurrence.

(3.) Based on the aforesaid allegations, Tiruldih P.S. Case No. 16 of 2019 was instituted for the offences punishable under Sec. 147, 148, 149, 379, 302, 353, 323, 324, 326 and 435 of the Indian Penal Code, Sec. 27 of the Arms Act, Sec. 17 of the Criminal Law Amendment Act and Sec. 10/13 of the Unlawful Activities (Prevention) Act, 1967.