The court upheld the bail granted to the accused, emphasizing the importance of a speedy trial and the absence of any bail condition violations, despite serious charges under the UAPA.

JUDGMENT :

Budi Habung, J.

1. Heard Mr. D. Bharadwaj, learned PP, NIA for the appellant. We have also heard Mr. A. Zhimomi, learned counsel for the respondent/accused.

2. This is an appeal under section 21 (4) of the NIA Act, 2008 which has been preferred by the National Investigation Agency (NIA), Imphal, Manipur assailing the bail order dated 13.06.2022 passed by the learned Special Judge NIA court, Dimapur, Nagaland in I.A.(Bail) No.41 of 2022 arising out of NIA case No.RC- 02/2020/NIA-GUW by which the learned Special Judge, NIA court has enlarged the respondent accused Zingshongam Muinao (A-4) on bail who was arrested on 05.07.2020 in connection with RC- 02/2020/NIA-GUW.

3. The brief fact of the appellant's case leading to the filing of this present appeal is that on 04.07.2020 an input was received regarding financial transactions being diverted from Government Funds and projects (PMGSY, NREGA etc.) and other construction works going on in the states of Manipur and Nagaland by sympathizers and over ground workers of NSCN-IM under the directions of SS Col Rayilung Nsarangbe of NSCN-IM. Based on the information, a joint operation was launched by Assam Rifles with the local police and seized Rs. 11,00,000/- from one vehicle bearing Registration No NL-02L-5334. The seized amount was collected by accused persons Zingshongam Muinao and Zingring Mung from one Rabi Pame on the directions of SS Col Rayilung Nsarangbe of NSCN-IM. In the follow up operation, Rabi Pame was arrested from his residence and one Vimal Kumar Jain was arrested from general area near GS road, Dimapur and Rs. 15,00,000/- was recovered from his possession. The residential premises of accused SS Col Rayilung Nsarangbe of NSCN-IM was searched and Rs. 1,32,72,800/- along with arms, ammunitions, explosives, extortion slips of NSCN-IM, several incriminating documents and a fake passport in the name of Pele Zeme were recovered. The total cash recovered in the entire operation amounted to Rs. 1,58,72,800/-.

4. Accordingly, an FIR No. 0074/2020 dated 05.07.2020, PS Diphupar, Dimapur Nagaland was registered under sections 120B, 384,406,465,471,506, 34 IPC and section 4 of PMLA Act, sections 25(1A), (1B) (a) of Arms Act, section 5(b) of Explosive Substance Act, sections 13, 17, 18 and 21 of the Unlawful Activities (Prevention ) Act 1967, sections 7 and 8 of NSR Act, section 12 (1) (b) of Indian Passport Act and section 6(1A) of Indian Wireless Telegraphy Act of Diphupar Police Station, Dimapur, Nagaland relating to recover of total of Rs. 1,58,72,800/- along with arms ammunitions, explosives and extortion slips of Nationalist Socialist Council of Nagaland-Isak and Muivah faction (Hereinafter referred to as NSCN-IM) and initial arrest of 6 (six) accused persons.

5. That, in compliance of MHA Order No. 11011/47/2020/NIA dated 08.07.2020 by the National Investigation Agency, (hereinafter referred to as NIA) Branch Office, Guwahati the case was re-registered as RC-02/2020/NIA-GUW dated 09.07.2020 u/s 120B, 384, 406, 465, 471, 506, 34 IPC and sec. 4 of PMLA Act, sec. 25(1A), (1B) (a) of Arms Act, sec, 5(b) of Explosive Substance Act, sections 13, 17, 18 and 21 of the Unlawful Activities (Prevention ) Act 1967, sections 7 and 8 of NSR Act, section 12 (1) (b) of Indian Passport Act and section 6 (1A) of Indian Wireless Telegraphy Act, 1933 against accused person namely SS Colonel Rayilung Nsarangbe (A-1), SS Private. LamciIralu (A-2), Zingring Mung (A-3), Zingshongam Muinao (A-4), Dr. Rabi Pame (A-5), Vimal Kumar Jain (A-6) and during the course of investigation, two more accused persons namely, Ruth Chawang @ Ruth Zeliang @ Rago Chawang (A-7) and Ramningle Pame @ Ramning (A-8) were arrested on 11.07.2020 and 29.10.2020 respectively.

6. During the investigation it was revealed that respondent/accused Zingshongam Muinao (A-4) along with other associates conspired and actively involved in raising funds for the terrorist gang to continue their terrorist activities by diverting Governme