BABULAL 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. 13/8/2024 passed in Misc. Cr. Application No.2081 of 2024 by the learned AJC-XVI-cum-Special Judge, NIA, Ranchi whereby and whereunder the prayer for bail of the appellant in connection with Special (N.I.A) Case No. 01 of 2021, arising out of Balumath P.S. Case No.234 of 2020 re-registered as RC Case No.01/2021/NIA/RNC under Ss. 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B and 212 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. 17 of CLA Act and Sec. 16(1)(b), 18, 19, 20 and 23 of UA(P) Act, has been rejected.

(2.) At the very outset, it needs to mention herein that earlier this Court vide order dtd. 8/9/2023 passed in Criminal Appeal (DB) No.549 of 2023 has dismissed the prayer for bail of the present appellant on merit by passing a detailed order.

(3.) 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 P.S. Case No. 234/2020 dtd. 19/12/2020 was registered under Ss. 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, Pradeep Ganjhu, Santosh Ganjhu, Bihari Ganjhu, Pramod Ganjhu, and 5- 6 other unknown accused persons.