JUDGMENT :

S. Chandrashekhar, J.

This criminal appeal has been assigned to DB-III by an order dated 31st July 2021 of Hon'ble the Chief Justice of Jharkhand High Court passed on the administrative side.

2. The accused has preferred this criminal appeal under section 21 of the National Investigation Agency Act, 2008 against the order dated 07th February 2019 passed in Special (NIA) Case No.03/2018 corresponding to RC-06/2018/NIA/DLI.

3. By the order dated 07th February 2019, the application for bail moved by the accused vide Misc. Cr. Application No.1255/2018 was dismissed observing that in view of the oral and documentary evidence collected by NIA in course of the investigation it would not be just and fair to enlarge the accused on bail at this stage.

4. The appellant is in custody since 13th December 2018.

5. Tandwa PS Case No. 02/2016 was registered on 11th January 2016 against 12 persons. Ramdhari Singh, a Sub-Inspector of Police at Simariya PS, gave a written report to the officer-in-charge of Tandwa PS stating that on a secret information that an extortion racket is being run by Vinod Kumar Ganjhu, Munesh Ganjhu, Pradeep Ram, Birbal Ganjhu, Gopal Singh Bhokta @ Brajesh Ganjhu, Mukesh Ganjhu, Kohram Jee, Akraman Jee @ Ravindra Ganjhu, Anischay Ganjhu, Deepu Singh @ Bhikhan, Bindu Ganjhu and Bhikhan Ganjhu and the accused are collecting money from the contractors, transporters, DO holders and coal traders for Tritiya Prastuti Committee (for short, TPC), a raid was conducted in the intervening night of 10th/11th January 2016 at the house of Vinod Kumar Ganjhu. In course of search, several incriminating articles including Rs. 91,75,890/- in cash were recovered from an almirah in the house of Vinod Kumar Ganjhu. He suffered a disclosure statement that he was collecting extortion money for TPC supremo Gopal Singh Bhokta @ Brajesh Ganjhu and other persons. At the time of search, Birbal Ganjhu and Munesh Ganjhu were in the house of Vinod Kumar Ganjhu and they made a confession about their proximity with TPC. On personal search of Birbal Ganjhu and Munesh Ganjhu pistols and live cartridges were recovered. Pursuant to disclosures made by Vinod Kumar Ganjhu a search was conducted at the house of Pradeep Ram and several incriminating materials including Rs. 57,57,710/- in cash were recovered. The informant has further stated that the accused failed to offer a reasonable explanation for possession of such huge money in cash and other incriminating articles.

6. Accordingly, a First Information Report was lodged against the above-named accused under sections 414, 384, 386, 387 and 120-B of the Indian Penal Code; sections 25(1-b) (a), 26 and 35 of the Arms Act, and; section 17(1)(2) of the CLA Act.

7. In course of the investigation, Birbal Ganjhu and Pradeep Ram were also arrested and a charge-sheet was submitted vide chargesheet no. 17/2016 dated 10th March 2016 for the offences under sections 414, 384, 386, 387 and 120-B of the Indian Penal Code; sections 25(1-b) (a), 26 and 35 of the Arms Act, and; section 17(1)(2) of the CLA Act – the offences under sections 16, 17, 20 and 23 of UA(P) Act, 1967 were added in the Report on 12th April 2017. Subsequently, by an order dated 13th February 2018 of the Ministry of Home Affairs, Government of India, the Central Government directed NIA to take up investigation of this case. After taking charge of the case by NIA, the First Information Report lodged by the local police was re-registered as RC-06/2018/NIA/DLI. After about 10 months of investigation, NIA recommended prosecution of 16 persons vide its letter dated 10th December 2018 and the Ministry of Home Affairs, Government of India, issued order dated 19th December 2018 for prosecution of the accused persons. On 21st December 2018, 1st supplementary charge-sheet no. 32/2018 was submitted by NIA against 16 persons including Vinod Kumar Ganjhu, Munesh Ganjhu, Birbal Ganjhu, Pradeep Ram @ Pradeep Verma, Bindeshwar Ganjhu @ Bindu Ganjhu who were already