The court upheld that a prima facie case against the accused under UAPA provisions justifies denial of bail, despite claims of trial delays.

JUDGMENT :

Vipul M. Pancholi, J.

Heard Mr. Rajnish Kumar Singh, learned Advocate for the appellant, Km. Shashi Bala Verma, learned A.P.P. for the Respondent-State, Dr. K.N. Singh, learned A.S.G. for the NIA assisted by learned Advocates Mr. Shivaditya Dhari, Mr. Paritosh Parimal and learned Spl.P.P., Mr. Arvind Kumar for the NIA.

2. The present appeal has been filed by the appellant under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter referred to as the ‘NIA Act’) for release of the appellant on bail against the order dated 16.08.2023, passed by the learned Court of Special Judge, NIA, Patna, Bihar in NIA Special Case No. 08 of 2018 arising out of R.C. No. 31/2018/NIA – DLI dated 05.10.2018 under Sections 121, 379, 414, 120B & 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), under Sections 25(1A), 25(1AA), 25(1B)(a), 26 & 35 of the Arms Act, under Section 39 of the Unlawful Activities (Prevention) Act, 1967 ( hereinafter referred to as the ‘U.A. (P).A.’) in connection with Munger Muffasil Police Station Case No. 323 of 2018, Munger, Bihar dated 07.09.2018.

3. The prosecution case, in brief, is that one Inspector Bindeshwari Yadav has lodged a written report dated 07.09.2018 stating therein inter alia that the Central Government has received information regarding registration of FIR No. 323 of 2018 dated 07.09.2018 at Muffasil Police Station in the District of Munger, Bihar under Sections 121, 379, 414, 120(B) and 34 of the IPC, under Sections 25(1A), 25(1AA), 25(1B)(a), 26 & 35 of the Arms Act and under Section 39 of the UAPA, 1967 relating to recovery of 3 A.K.-47 weapons and arrest of two persons who were involved in supply of A.K.-47 weapons to Maoists and other criminals in various States from Army Armory, Jabalpur, Bhopal. Accordingly, the case is being registered as RC-31/2018/NIA/DLI dated 05.10.2018.

4. In the formal FIR, all together 26 accused were named and the present appellant is shown as accused no. 4 in the FIR. The appellant had filed bail application before the Special Court, NIA on three occasions. Lastly, he filed bail application in Special Case No. 08 of 2018 arising out of R.C. No. 31/2018/NIA – DLI dated 05.10.2018. The said bail application came to be rejected by the Special Judge, NIA, Patna vide order dated 16.08.2023, against which the appellant has preferred the present appeal.

5. Learned Advocate for the appellant has mainly contended that though appellant is named in the FIR, he has been implicated on the basis of the statement of co-accused Manoj Kumar Singh. It is submitted that statement of the said co-accused was recorded under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) before the concerned Magistrate. However, thereafter, the said co-accused has retracted the said statement. Learned Advocate for the appellant has referred the confessional statement of co-accused Manoj Kumar Singh. After referring to the same, it has been contended that in the said statement co-accused has referred name of one Munna Singh. However, surprisingly, the prosecution has not charge-sheeted the said person i.e., Munna Singh. At this stage, learned Advocate submits that, as per the case of the prosecution, during the search of the house of the appellant document with regard to the purchase of land in the name of wife of the appellant was recovered. In fact, the said land was purchased in the year 2016, much prior to the registration of the FIR. It is further submitted that there is a reference in the papers of the charge-sheet against the appellant that from the CDR of the mobile phones of the wife and the mother of the appellant, which were seized from the house of the appellant, it was revealed that the appellant had talked with two other co-accused, namely, Imram Alam and Shamsher Alam. It has been contended that both the aforesaid co-accused are near relatives of the appellant. Except the aforesaid, there is no other recovery