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RONGON MUKHOPADHYAY, RAJESH KUMAR
Mrityunjay Kumar Singh @ Mrityunjay @ Sonu Singh – Appellant
Versus
Union of India through the National Investigation Agency, Ranchi – Respondent
JUDGMENT :
Heard Mr. Indrajit Sinha, learned counsel for the appellant and Mr. A. K. Das, learned Special P. P. for the NIA.
2. This appeal is directed against the order dated 18.11.2021 passed by Shri Madhuresh Kumar Verma, learned A.J.C. XVI cum Special Judge, NIA, Ranchi in connection with Special (NIA) Case No. 2 of 2020 corresponding to R. C. No. 25 of 2020/NIA/DLI arising out of Chandwa P. S. Case No. 158 of 2019 whereby and whereunder the prayer for bail of the appellant has been rejected.
3. The prosecution case is that on 22.11.2019 at 8:00 P.M., a patrolling party of Chandwa Police Station in course of patrolling duty stopped at Lukuiya More at Chandwa. It has been alleged that the cadre of banned terrorist organization i.e. CPI (Maoist) which were waiting in advance, fired indiscriminately at the police patrolling party which led to the death of 4 police personnel. Arms and ammunitions were also looted from the martyred police personnel and by raising slogans, the Maoists fled away. Later on, one of the Home Guard namely, Dinesh Ram who had escaped unhurt, rushed to the Chandwa Police Station and lodged a complaint.
4. Based on the aforesaid allegations, Chandwa P. S. Cas
The main legal point established is that the appellant's actions, driven by extortion and compulsion, did not constitute voluntary involvement in terrorist activities, leading to the court's decision....
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 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 ....
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....
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