The court balanced the legislative policy against grant of bail with the appellant's right to a speedy trial, ultimately granting bail based on the length of the appellant's custody and the remote possibility of the trial being concluded.

JUDGMENT :

Heard Mr. A.K. Chaturvedy, learned counsel for the appellant and Mr. A.K. Das, learned Spl. P.P. for the National Investigation Agency.

2. This appeal is directed against the order dated 13.05.2019 passed by the learned Judicial Commissioner-cum-Special Judge, N.I.A, Ranchi in Misc. Cr. Application No. 344/2019 (RC-01/2018/NIA/DLI), arising out of Balumath P.S. Case No. 161/2016, corresponding to Special (N.I.A) Case No. 01/2018, whereby and whereunder the prayer for bail of the appellant has been rejected.

3. The self statement of S.I. Nand Kishore Prasad was registered on 21.12.2016 in the house of Chandan Kumar in which it has been alleged that a secret information was received that the owner of Sahara Bank namely Chandan Kumar is planning to deposit the money of Chhotu Kherwar who is a member of a terrorist organization. A station diary entry was made and after constituting a police party the team reached the premises of Sahara Bank situated at Balumath market. The manager of Sahara Bank namely Chandan Kumar was taken to the Police Station for questioning. In his confessional statement, Chandan Kumar had disclosed that he was working in the post of Manager of Sahara Bank for the last five years. About 10-15 days back Chhotu Kherwar of MCC had called him up for depositing Rs. 15,00,000/- old currency notes. Chandan Kumar was thereafter given Rs. 15,00,000/- by Santosh Oraon. It has further been alleged that he took the cash and kept in his house for 2-3 days. The Agents of Sahara Bank namely, Mahendra Saw, Binova Prasad Gupta, Birendra Kumar Sinha, Anil Oraon, Shankar Sao and Pradip Ganjhu were directed to deposit Rs. 12,00,000/- in their individual accounts. The Agents had accordingly deposited various amounts in their accounts. It has been alleged that Chandan Kumar had kept an amount of Rs. 3,00,000/-in his house. The amount of Rs. 12,00,000/-was fixed deposited in the name of Lalita Devi wife of Chhotu Kherwar. In view of such revelations the house of Chandan Kumar was searched and from the almirah of his bed room Rs. 3,00,100/-in cash of various denomination was recovered. On search of the premises of Sahara Bank 64 receipts bearing the signature of Chandan Kumar and in the name of Lalita Devi of Hamara India Credit Co-operative Society Limited were recovered. An Aadhar Card in the name of Lalita Devi was also seized. The accused Chandan Kumar was arrested by the Police.

4. Based on the aforesaid allegations Balumath P.S. Case No. 161/2016 was instituted against Chandan Kumar, Chhotu Kherwar and Santosh Oraon for the offences punishable u/s 420/120(B) of the IPC and u/s 17 of the U.A.(P) Act.

5. Subsequently in terms of the order dated 16.01.2018 of the Ministry of Home Affairs, Internal Security-I Division, Government of India, investigation of Balumath P.S. Case No. 161/2016 was handed over to the National Investigation Agency and the First Information Report was thereafter re-registered as RC-01/ 2018/ NIA/ DLI.

6. It has been submitted by Mr. A.K. Chaturvedy, learned counsel for the appellant that the appellant is not named in the First Information Report. It has been submitted that the primary allegations have been levelled against Chandan Kumar and Lalita Devi for having deposited Rs. 12,00,000/-of old currency notes post demonetization. It has been submitted that there is no evidence on record to suggest that the appellant is a member of a terrorist organization or had raised funds which were likely to be used to commit a terrorist act. He has further submitted that the appellant is in custody since 21.03.2018 and there is no likelihood of the trial being concluded in the near future.

7. Mr. A.K. Das, learned Spl. P.P. has submitted that the appellant had conspired with Chandan Kumar, Chhotu Kherwar @ Birju Ganjhu in depositing the amount of Rs. 12,00,000/-in the name of Lalita Devi. He has submitted that Santosh Oraon through the present appellant had deposited extorted amounts of Maoist leaders in M/s Petr