I.A. Ansari, J.

1. The present three applications have been made, under Section 439Code of Criminal Procedure, seeking bail by the accused-Petitioners, namely, 1. Redaul Hussain Khan, 2. Ahshringdaw Warisa @ Partha Warisa and 3. Md. Sameer Ahmed, in connection with National Investigation Agency Case No. 01 of 2009 (Corresponding to Basistha Police Station Case No. 170 of 2009) under Sections 120(B)/121/121(A) IPC read with Section25(1B)(A) of Arms Act and Sections 17/18/19 of the Unlawful Activities (Prevention) Act.

2. By this common order, 1 propose to dispose of all the three Bail Applications inasmuch as all the three Bail Applications, involving identical questions of law, have been, on the request made by the learned Counsel for the parties, heard together.

3. The facts, giving rise to these Bail Applications, may, in brief, be set out as under:

(i) Basistha P.S. Case No. 170/2009, under Section 120B/121/121(A) IPC read with Section 25(1B)(A) Arms Act, was registered against two accused persons, namely, Phojendra Hojai and Babulal Kemprai, on the ground that, on 01.04.2009, at about 4-00 p.m., when vehicle Nos. AS-01-AH-1422 and AS-01-1-0609 were intercepted at 14th Mile GS. Road, Guwahati, and searched, both the accused, suspected to be cadres and linkmen of a banned organization, namely, DHD (J), were found in the vehicles, wherefrom a sum of rupees one crore, in cash, and two pistols were recovered, the money being meant for purchase of arms and ammunitions for the said banned organization. The accused were accordingly taken into custody and investigation was started by the Assam Police. On being produced before the Chief Judicial Magistrate, Kamrup, Guwahati, the two accused aforementioned were remanded to police custody.

(ii) On 18.05.2009, both the accused were granted bail by the High Court, in exercise of its powers under Section 439 Code of Criminal Procedure, in Bail Application No. 1637/2009.

(iii) On 31.05.2009, Mohit Hojai, the then Chief Executive Member, N.C. Hills Autonomous Council, and R.H. Khan, Deputy Director, Social Welfare Department, N.C. Hills, along with the Liaison Officer, N.C. Hills Autonomous Council, were arrested by Assam Police and they were produced before the Chief Judicial Magistrate, Kamrup, and the Court remanded them to police custody.

(iv) On 01.06.2009, the Central Government, in exercise of its power under Section 6(5), read with Section 8 of the National Investigation Agency Act, 2008 (in short, 'the NIA Act'), directed investigation of the case by the National Investigation Agency (in short, 'the Agency'). In terms of the directions, so issued by the Central Government, the Agency registered a case under the NIA Act, the Case being NIA Case No. 1/2009. Before, however, registration of the case aforementioned by the Agency, three more persons, namely, 1. Mihir Barman @ Jewel Garlossa @ Debojit Sinha, 2. Ahsringdaw Warrisha @ Partha Warisha, and 3. Sameer Ahmed, were arrested by the Assam Police at Bangalore, in connection with Basistha Police Station case aforementioned. On 05.06.2009, the Agency moved the Chief Judicial Magistrate, Kamrup, and filed FIR in the NIA Case No. 1/2009 aforementioned. On 06.06.2009, the persons were, on being produced before the Chief Judicial Magistrate, Kamrup, remanded to police custody. In terms of the order, passed by the Chief Judicial Magistrate, on 06.06.2009, Basistha P.S. Case No. 170/2009 aforementioned was tagged with the NIA Case No. 1/2009 and, on the basis of the application made by the Agency, the Court allowed accused Mohit Hojai and R. H. Khan to be taken into custody by the Agency for a period of 10 days and the three accused, namely, 1. Mihir Barman @ Jewel Garlossa @ Debojit Sinha, 2. Ahsringdaw Warrisha @ Partha Warisha, and 3. Sameer Ahmed, were remanded, for a period of 14 days, to the custody of the Agency.

(v) On 11.06.2009, on the prayer of the Agency, the Court of the Chief Judicial Magistrate, Kamrup, added Section17/18/1