RAJU KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R.S. mazumdar, learned senior counsel for the appellant and Mr. Amit Kumar Das, learned Spl. P.P.

(2.) This appeal is directed against the order dtd. 30/6/2025 passed by the learned Additional Judicial Commissioner-XVI- cum-Special Judge, NIA, Ranchi in Mis. Criminal Application No. 940 of 2025 corresponding to Special NIA Case No. 03/2022 arising out of Peshrar P.S. Case No. 05/2022 whereby and whereunder, the prayer for bail of the appellant has been rejected.

(3.) The prosecution case in brief is that an information was received by the Police that Ravindra Ganjhu, Regional Commander of CPI (Maoist), a proscribed terrorist organization along with active cadres of CPI (Maoist) Balram Oraon, Muneshwar Ganjhu, Balak Ganjhu, Dinesh Nagesia, Aghanu Ganjhu, Lajim Ansari, Markush Nagesia, Sanjay Nagesia, Sheela Kherwar, Lalita Devi and 45-50 other cadres had assembled in the forest area of Bulbul and were planning to execute an incident against the security forces and in the bauxite mines area and on such information, a team was constituted and extensive search operation was carried out. It has been alleged that on 17- 02-2022, while the search team was proceeding towards Bahabar Jungle, it was ambushed and fired upon indiscriminately by the extremists. On retaliation, the extremists had fled away. A search was conducted and several arms and ammunitions were recovered. The search continued on the next day, when the search team found 7-8 pitthu (backpack) bags and on search of the bags, incriminating articles were recovered. It has further been alleged that on 21/2/2022, one of the search team found a suspicious person at village Harkatta Toli and on being asked, he had revealed his name as Sanjay Nagesia (A-9) and from his personal search, Naxal literature, diaries, IED materials, IEDs were seized. It has also been alleged that the Police team had subsequently apprehended three other persons and from one of the persons, namely, Markush Nagesia (A-5) a backpack was recovered containing a combat dress, 15 rounds of 5.56mm live ammunition and Naxal literature. One Balram Oraon along with his three cadre members were also apprehended during the raid and on a search conducted, Rs.2,09,050.00 cash was recovered from him and on his disclosure, several other extremists were apprehended.