JUDGMENT :

N. Kotiswar Singh, J.

Heard Mr. Z. Kamar, learned Senior counsel assisted by Mr. D. Nandi, learned counsel for the appellant in Crl.A. No.67/2020 and Mr. A.M. Bora, learned Senior counsel assisted by Mr. D. Gogoi, learned counsel for the appellant in Crl.A.136/2021.

2. In Crl.A.67/2020, the appellant, Sanjib Talukdar, has challenged the order dated 30.11.2019 passed by the learned Special Judge, NIA, Assam, Guwahati in Special (NIA) Case No2/2019 (RC 04/2019/NIA-GUW) by which the application of the appellant for release on bail was rejected.

In Crl.A. No.136/2021, the appellant Prakash Rajkonwar has challenged the order dated 18.05.2021 passed by the Special Judge, NIA in Misc. (NIA) Case No.08/2021 arising out of NIA Case No.02/2019.

3. Both of these appeals are taken up together for disposal since both these appeals and impugned orders arise out of Special NIA Case No.2/2019 and the same FIR Case and both the appellants are facing the same trial and records are common, though the contentions raised in these two appeals are not necessarily the same.

4. Only reference to skeletal facts may suffice for the purpose considering these appeals/bail applications as can be culled from the records, specially the charge-sheet.

5. On 15.05.2019, while a police patrolling party of Geetanagar Police Station along with SSB personnel was conducting a checking at R.G. Baruah Road near Central Mall, Guwahat at around 7:40 P.M., one Chinmoy Lahkar, a co-accused was riding a motor cycle with Pappu Koch Bokoliyal, another accused, who were proceeding from Zoo Tiniali towards Ganeshguri, when they were stopped for frisking. At that moment, there the accused Pappu Koch Bokolial lobbed a grenade, which upon explosion caused injuries to 12 persons and grievously injuring to some.

6. In connection with that incident, an F.I.R. was registered being Geetanagar P.S. Case No.210/2019 under Section 325/326/307/121 of Indian Penal Code read with Sections 3/5 of Explosive Substance Act and Sections 10/13/16 and 20 of Unlawful Activities (Prevention) Act.

Consequently, a very comprehensive enquiry was carried out by the police and ultimately, the investigation was handed over to National Investigation Agency (NIA), which was re-registered as FIR No.RC-4/2019/NIA/GUW dated 26.06.2019.

7. Charge-sheet was filed on completion of enquiry against 10(ten) persons including the present two appellants and two have been shown absconders in Special NIA Case No.2 of 2019 before the Special Judge, NIA. Thus, 8(eight) accused are presently facing trial. The present appellant, Sanjib Talukdar has been arrayed as Accused No.7.

As far as the present appellant is concerned, the case against him is that he is an over ground worker of the United Liberation Front of Assam ULFA(I), a proscribed organization under the UA(P) Act, 1967 and he has been maintaining links with the cadres of ULFA (I) who are carrying out anti national activities including terrorist acts and he has been providing logistic support to the cadres of ULFA (I) by providing transportation of ULFA(I) cadres, thus, actively associated with the conspiracy to commit terrorist acts in pursuance of the goals of ULFA (I) along with other co-accused.

8. In course of the investigation, the investigating authority recovered photographs of the accused Sanjib Talukdar from the mobile phone of accused Pappu Koch Bokoliyal, which clearly established that the appellant is associated with the said co-accused who is a hardcore member of the ULFA.

The photograph shows the appellant Sanjib Talukdar not only along with Pappu Koch Bokoliyal but also with other members of the ULFA in the jungle which indicates that he was roaming with the members of the ULFA. In another photograph he is seen in uniform of ULFA(I) with firearms in standing position which indicates that he has been getting training in handling arms.

9. The charge against the appellant, Sanjib Talukdar is also sought to be corroborated by evidence of a protected witness