Vipul M. Pancholi, J.—The appellant has filed the present appeal under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter referred to as ‘NIA Act’) against order dated 09.08.2024 passed by the learned Special Judge, NIA, Patna in connection with Special NIA Case No. 06 of 2022 arising out of R.C. No. 25/2022, whereby the learned Special Judge, NIA, Patna rejected the bail application filed by the appellant.

2. Heard learned counsel for the appellant Mr. Arvind Kumar Mouar assisted by Mr. Raj Krishna Jha and Dr. K.N. Singh, learned A.S.G. for the N.I.A. assisted by Mr. Arvind Kumar, Mr. Shivaditya Dhari Sinha, Mr. Paritosh Parimal and Mr. Pramod Kumar.

3. Brief facts, leading to filing of the present appeal, are as under:—

3.1. Informant gave her fardbeyan, on 02.11.2018 at 09:15 p.m., alleging that, on 02.11.2018 at about 05:30 p.m., husband of the informant was abducted by C.P.I. (Maoist) cadres from his house using motorcycle No. BR260844. Thereafter, the husband of the informant, namely Naresh Singh Bhokta, was produced in Jan Adalat attended by more than 50-60 maoists north of village Sahiya, P.S. Madanpur, District-Aurangabad. Thereafter, it was learnt that firing has taken place near Badhai Bigaha canal and one person has been killed. Crime case No. 274 of 2018 was registered under Sections 364, 302, 34 of I.P.C., Section 27 of Arms Act and Section 17 of C.L.A. Act.

3.2. Thereafter, the National Investigation Agency (N.I.A.) registered a case No. RC-25/2022/NIA/DLI dated 24th June, 2022 under Sections 364, 302, 34 of I.P.C., Section 27 of Arms Act, Sections 16, 18, 20, 38, 39, 40 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as ‘UAPA Act’) and Section 17 of C.L.A. Act in pursuance to the order of Ministry of Home Affairs, Government of India. By way of the said order, the NIA has been directed to take up the investigation arises from F.I.R. No. 274 of 2018 of P.S. Madanpur, District-Aurangabad, Bihar.

3.3. The NIA carried out the investigation and filed charge-sheet against 11 accused persons and thereafter the Special Judge, NIA, Patna took cognizance against all 11 accused persons and framed charges against 9 charge-sheeted accused persons on the basis of evidence available on record.

3.4. The appellant Mandeep Yadav @ Manjeet Yadav @ Matla, while in judicial custody, had given the consent in writing before the learned Special Judge, NIA, Patna for making a full and true disclosure of the entire circumstances which was within his knowledge related to offence and role played by the coaccused in commission of the crime in question.

3.5. Thereafter, his confessional statement under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) before learned Judicial Magistrate, Patna was also recorded on 06.02.2023, wherein the appellant had disclosed the entire chain of conspiracy hatched by the accused persons in the commission of crime.

3.6. Thereafter, the respondent-NIA filed a petition before the learned Court of Special Judge, NIA, Patna on 20th February, 2023 to tender pardon to the present appellant Mandeep Yadav @ Manjeet Yadav @ Matla. On the basis of the said petition filed by NIA, learned Special Judge, NIA, Patna heard the matter at length and tendered pardon to the appellant Mandeep Yadav @ Manjeet Yadav @ Matla vide its order dated 21.02.2023.

3.7. It is further stated that the trial of the present case commenced on 24.04.2024 and the appellant herein was summoned by the Trial Court. The appellant was examined and cross-examined as a witness (PW-1) before the Trial Court. During his deposition, the appellant fully supported the entire facts and chain of conspiracy hatched by the accused persons in killing of Naresh Singh Bhokta and thereby supported the case of the prosecution. Further, PW-2 Phulia Devi (complainant) and two other witnesses have been examined during the course of the trial.

3.8. Thereafter, the appellant filed bail applica