Vipul M. Pancholi, J. – The present appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter, referred as ‘NIA Act’) against order dated 03.01.2023 passed by the learned Special Judge, N.I.A., Patna in Special Case No. 09 of 2021/R.C. No. 13/2021, whereby the said Court has rejected the bail application filed by the present appellant.

2. The factual matrix of the present case is as under: –

“The case bearing F.I.R. No. 26 of 2021 dated 17.06.2021 was registered at Railway P.S. Darbhanga, District Muzaffarpur Rail, Bihar under Sections 3, 4 and 5 of The Explosives Substances Act, 1908. It is alleged in the said F.I.R. that on 17.06.2021, Train No. 07007 Secunderabad-Darbhanga Express reached at Platform No. 2 of Darbhanga Railway Station around 13:25 hours. Parcel Van VPU No.- SC-07829 was opened and seven packets having destination as Darbhanga were taken off. During the process of shifting of parcels, one package which was booked from Secunderabad, exploded and caught fire. The said parcel was packed by one Mohd. Sufiyaan from Secunderabad for himself.”

2.1. After filing of the aforesaid F.I.R., the Central Government was of the opinion that the scheduled offence under N.I.A. Act has been committed and having regard to the gravity of the offence, its ramification on national security, it is required to be investigated by the N.I.A. in accordance with the N.I.A. Act. The Government of India, Ministry of Home Affairs, CTCR Division, North Block, New Delhi vide order dated 24.06.2021, issued as per provision of Section 6 (5) read with Section 8 of the N.I.A. Act, directed the N.I.A. to take up investigation of the aforesaid case. In view of the aforesaid order, the N.I.A. re-registered the said F.I.R. vide RC No. 13/2021/NIA/DLI dated 24.06.2021 under Sections 3, 4 and 5 of the Explosives Substances Act. Thereafter, Section 16 and 18 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter, referred as ‘UAPA Act’) were invoked by the N.I.A Special Court, Patna vide order dated 02.07.2021. Thereafter, during the course of the investigation, the appellant herein, came to be arrested and, therefore, the appellant directly filed regular bail application before this Court. However, the same was withdrawn with a view to file a fresh application before the appropriate Court. Thereafter, the appellant filed bail application before the concerned Trial Court. However, vide order dated 03.01.2023, the concerned Court has dismissed the bail application submitted by the appellant and, therefore, he has preferred the present appeal.

3. Heard learned Advocate Mr. Arshad Alam assisted by Ms. Anjum Perveen and Mr. P.K. Jha for the appellant and Mr. Krishna Nandan Singh, learned A.S.G for the Union of India assisted by Mr. Manoj Kumar Singh, Mrs. Prakriteta Sharma, Mr. Pramod Kumar, Mr. Abhijeet Gautam and Mr. Shivaditya Dhari Sinha and Mr. Parmeshwar Mehta, learned A.P.P. for the Respondent-State.

4. Learned counsel for the appellant would mainly submit that the F.I.R. came to be filed invoking Sections 3, 4 and 5 of the provisions of the Explosives Substances Act against unknown person and, therefore, the name of the present appellant was not mentioned in the said F.I.R. However, the appellant has been implicated on the basis of the confessional statement given by the co-accused. It is submitted that the appellant was arrested on 02.07.2021 and since then he is in custody i.e. for more than 2 years. It is further submitted that the appellant is aged about 72 years and suffering from a number of diseases. It is also contended by the learned counsel that as per the charge-sheet filed against the accused by the N.I.A., 95 witnesses are to be examined during the course of the trial and out of which, as on today, approximately 6 witnesses have been examined and, therefore, the trial of the present case would not be concluded in near future. Learned counsel, therefore, urged that on this ground, the appe