JUDGMENT :

V. RAMASUBRAMANIAN, J.

1. Aggrieved by the Judgment of the Gauhati High Court allowing an appeal preferred by the State (National Investigation Agency)¹ [for short “NIA”] and thereby reversing an Order of discharge passed by the Special Court, NIA, Guwahati, Assam, the person named as accused No. 1 in the criminal case has come up with this special leave petition.

2. We have heard Shri Huzefa Ahmadi, learned senior counsel appearing for the petitioner and Shri Tushar Mehta, learned Solicitor General and Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for the respondents.

3. A FIR being Chanmari Case No. 1688/2019, was registered against the petitioner and three others on 13.12.2019 for alleged offences punishable under Sections 120B, 124A, 153A and 153B of the Indian Penal Code, 1860 read with Sections 18 and 39 of The Unlawful Activities (Prevention) Act, 1967. NIA took over the investigation and the FIR was re-registered as RC-13/2019/NIA-GUW [KMSS-CPI (Maoist)] link case.

4. The petitioner was arrested on 17.12.2019 and a charge-sheet was filed on 29.05.2020.

5. The application for bail filed by the petitioner was rejected by the Special Court on 07.08.2