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2021 Supreme(SC) 756

Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya – Appellant
Versus
National Investigation Agency – Respondent


Advocates appeared:
For the Petitioner(s):Colin Gonsalves, Sadiq Noor, Satya Mitra, Advocates
For the Respondent(s):K.M.Nataraj, Akshay Amritanshu, Swati Ghildiyal, Mohd. Akhil, Shailesh Madiyal, Aakanksha Kaul, Arvind Kumar Sharma, Advocates

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. We have heard learned counsel for the parties.

3. The instant appeal has been filed on behalf of accused no. 6(Ashim @ Asim Kumar Haranath Bhattacharya) out of the total number of 14 accused persons seeking post arrest bail which came to be rejected by the learned trial Court by Order dated 25th February, 2020 and also by the High Court by Order dated 15th March, 2021.

4. The FIR No. 138/2012 dated 1st March, 2012 was initially lodged under Sections 120B, 121, 121A, 122 of the IPC, Section 25(1A) of the Arms Act, 1959 and Section 5 of the Explosive Substances Act, 1908 against five accused persons by a defacto complainant who is an Inspector, Special Task Force. Later, the National Investigation Agency took over the investigation. The said case was reregistered as RC No. 01/2012/NIA/DLI at PS NIA Headquarters, New Delhi for offences under Sections 120B, 121, 121A, 122 IPC, Section 25(1A) of the Arms Act 1959, Section 5 of the Explosive Substances Act, 1908 and Sections 18,20,40(1)(b)(c) of the Unlawful Activities(Prevention) Act, 1967(hereinafter being referred to as “UAP Act”) on 12th April, 2012.

5. After investigation, the charge sheet was i


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