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RONGON MUKHOPADHYAY, RAJESH KUMAR
Ajit Kumar Thakur – Appellant
Versus
Union of India through National Investigation – Respondent
ORDER :
Heard Mr. Sanjeev Kumar, learned senior counsel appearing for the appellant and Mr. Vikramjeet Banerjee, learned ASGI appearing for the respondent no. 1 – National Investigation Agency.
2. Aggrieved by the order dated 16.09.2019 passed by the learned Judicial Commissioner cum Special Judge, NIA, Ranchi in connection with Special NIA Case No. 3 of 2018 (RC-06/2018/NIA/DLI) arising out of Tandwa P.S. Case No. 2 of 2016 whereby and whereunder the prayer for bail of the appellant was rejected, the appellant has preferred the present appeal under Section 21 of the National Investigation Agency Act, 2008 (‘NIA Act’, in short).
3. A written report was submitted by Ramdhari Singh, Sub-Inspector posted at Simaria Police Station to the effect that on 10.01.2016, a secret information was received by the Superintendent of Police that in Amrapali and Magadh Coal Area, Tandwa some local persons have formed an association which is related to the banned extremist organization outfit – TPC. The members of said organization were extracting levy from the coal traders and D.O. holders by creating a fear in the name of the extremists of T.P.C. – Gopal Singh Bhokta @ Brajesh Ganjhu, Mukesh Ganjhu,
The NIA has the power to investigate cases under the NIA Act, and the court must consider the prima facie case against the accused, the length of custody, and the likelihood of trial conclusion when ....
Bail application – Task to convince court that there are no reasonable grounds for believing that accusations are prima facie true becomes more onerous in a case of bail without ousting such prayer, ....
The court established that statutory bail restrictions under the UAPA must be balanced with constitutional rights, particularly the right to a speedy trial, and that prolonged detention without trial....
The main legal point established in the judgment is that the payment of extortion money does not necessarily amount to terror funding, and the court must assess the prima facie truth of the accusatio....
The judgment underscores the principle that prolonged pre-trial detention without substantial evidence of involvement in terrorist activities can infringe upon constitutional rights, warranting the g....
The court ruled that prolonged custody and unresolved trial mandates bail consideration, even in the face of stringent laws under UAPA.
Long periods of incarceration may warrant bail consideration, emphasizing constitutional rights over statutory restrictions where trials are unduly delayed.
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