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2022 Supreme(Cal) 747

DEBANGSU BASAK, BIBHAS RANJAN DE
Abu Samad – Appellant
Versus
National Investigating Agency – Respondent


Advocates appeared:
Mr. Partha Ghosh, Mr. Sagar Saha, Mr. Amal Dutta, for the Appellant; Mr. Bhaskar Prasad Banerjee, Mr. Debanish Tandon, for the Respondent.

JUDGMENT

Debangsu Basak, J. - Petitioner prays for bail in connection with RC- No.04/2021/NIA/DLI dated March 2, 2021 under Sections 326/307/120B of the Indian Penal Code and under Sections 3 and 4 of the Explosives Substances Act and under Sections 16/18 and 20 of UA(P) Act, 1967 in NIA Case No.01 of 2021 arising out of Azimganj GR Police Station Case No.05/2021 dated February 17, 2021.

2. The investigations in respect of such police case are now being conducted by the National Investigating Agency (NIA) constituted under the provisions of the National Investigation Agency Act, 2008.

3. Learned Advocate appearing for the NIA raises the issue of maintainability of the present application for grant of bail and submits that the present petition for bail is not maintainable in view of the provisions of the Act of 2008 particularly Section 21 thereof. He relies upon (2014) 1 Supreme Court Cases 258 (State of Andhra Pradesh vs. Mohd. Hussain alias Saleem) as also an order dated June 9, 2021 passed in CRM 3656 of 2021 (in the matter of: Surojit Mandal) by a Coordinate Bench in support of his contentions.

4. Learned Advocate appearing for NIA submits that pursuant to the order of the Governme

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