JUDGMENT :

Sanjay Prasad, J.

The present criminal appeal has been preferred against the order dated 20.06.2020 passed in Special (NIA) Case No. 02 of 2018, corresponding to R.C. No. 02/2018/NIA/DLI dated 19.01.2018 registered under Section 120-B of the Indian Penal Code and Section 21 of Unlawful Activist (Prevention) Act, 1967 aginst the appellant, arising out of Bero P.S. Case No. 67 of 2016 registered under Section 212/213/414/34 of the Indian Penal Code and Section 13/17/40 of Unlawful Activities (Prevention) Act, 1967 and Section 17 of Criminal Law Amendment Act by the learned Judicial Commissioner-cum-Special Judge NIA at Ranchi, whereby the Learned Court below has rejected the bail application of appellant being Miscellaneous Criminal Application No. 932 of 2019.

2. Prosecution case, in brief, is that on 10.11.2016, on receiving secret information, the informant namely Mr. Bindeshwari Das, Officer In-charge of Bero P.S. registered an information received regarding the associates of Supremo of PLFI depositing ill-gotten money of crime proceed realized as extortion of levy at SBI, Bero, Ranchi. After having informed his superior authorities and having received their directives, he proceeded for its verification alongwith other police officials and reserve guards. At about 03.15 PM, he reached along with his team at SBI, Bero, Ranchi, and after surrounding the same waited in ambush. In the meantime, after having seen the police party, 3-4 persons making hue and cry attempted to flee away with bag having articles carrying in their hand, and one of the persons was apprehended from campus of the Bank and three persons were apprehended while boarding Safari Vehicle No. JH01Y 2898. On asking, the persons apprehended disclosed their name as co-accused Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar. The Informant conducted search of these persons in presence of independent witnesses and alleged levy/extorted amount of Rs. 25,38,000/-was recovered. The co-accused were unable to show any document and one of the co-accused confessed before the Informant that the PLFI Supremo Dinesh Gope had instructed him on mobile phone after the Central Government Policy of demonetization to deposit the amount. It was further confessed by a co-accused that levied, extorted money was given by PLFI extremist organization for getting it converted white money by depositing in the name of the said petrol pump. Accordingly, all the said articles were seized in presence of independent witnesses and seizure list was prepared. On these grounds, the informant claimed that these accused persons were involved in the extortion of levied amount and such ill-gotten money was being converted by hardcore outlawed PLFI extremist people which is dangerous to the national interest and helpful for the extremist organization.

Accordingly, a First Information Report was instituted against six accused persons including four arrested persons namely Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar.

3. Heard Mr. Indrajit Sinha, learned counsel for the appellant and Mr. Amit Kumar Das, learned counsel for the N.I.A.

4. It is submitted that the appellant is innocent and has committed no offence. It is submitted that the appellant has been falsely implicated in the case due to ulterior motive. The appellant has no connection with Supremo of PLFI nor the other members of PLFI. It is further submitted that the appellant has not been apprehended from the spot and his name does not find place in the accused column of Bero P.s. Case No. 67 of 2016, which is the genesis of the case.

5. It is submitted that there is no evidence to connect the appellant with any terrorist group or person involved in the terrorist activates. Further, there is no evidence to show that the appellant received/held any money that was proceeds of any terrorist act or was acquired through the terrorist fund, It is submitted that it is not the case of the prosecution tha