IMPORTANT POINT
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 grant of bail even in serious cases under the UAPA.

JUDGMENT :

Rongon Mukhopadhyay, J.

Heard Mr. Balaji Shirinivasan, learned counsel for the appellant and Mr. A.K. Das, learned Spl. P.P. for the National Investigating Agency.

2. This appeal is directed against the order dated 16.12.2022 passed in Misc. Criminal Application No. 1890 of 2022 by the learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA at Ranchi in connection with Special (NIA) Case No. 03/18 (RC-06/2018/NIA/DLI), arising out of Tandwa P.S. Case No. 02 of 2016, for the offences registered u/s 414, 384, 386, 387 and 120B of the Indian Penal Code, Sections 25(1-b)(a), 26 and 35 of the Arms Act and Section 17(1)(2) of the Criminal Law Amendment Act and u/s 17, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967, whereby and whereunder the learned Special Judge has rejected the prayer for bail of the appellant.

3. A written report was submitted by Ramdhari Singh, Sub Inspector of Police, posted at Simaria P.S. to the effect that on 10.01.2016, a secret information was received by the Superintendent of Police that in Amrapali Magadh Coal area in Tandwa some local people have formed an association which is related to the banned extremist outfit TPC. The members of such association were extracting levy from coal traders and DO holders by creating fear in the name of the extremists of TPC, namely Gopal Singh Bhokta @ Brijesh Ganjhu, Mukesh Ganjhu, Kohram Ji, Akraman Ji @ Ravindra Ganjhu, Anischay Ganjhu, Bhikan Ganjhu, Deepu Singh @ Bhikan and Bindu Ghanju. It was also alleged that if any businessmen hesitates to pay levy, they are threatened by members of such organization and are also subjected to hardships. In order to verify the truthfulness or otherwise of such information a raiding party was constituted on the orders of Superintendent of Police, Chatra. A raid was conducted in the house of the President of the association Binod Kumar Ganjhu and from under his bed as well as from an almirah Rs. 91,75,890/-was recovered. No satisfactory explanation could be submitted by Binod Kumar Ganjhu with respect to the recovery of such a huge amount of cash. From the house of Binod Kumar Ganjhu two persons were also apprehended who disclosed their names as Birbal Ganjhu and Munesh Ganjhu and on search of their persons a loaded Mauser pistol was recovered from the possession of Birbal Ganjhu while from the possession of Munesh Ganjhu a country made pistol and two live cartridges were recovered. Both had confessed of being associated with TPC organization. Binod Ganjhu had disclosed that he is the President of “Magadh Sanchalan Samittee” and the levy collected is sent to Gopal Singh Bhogta @ Brijesh Ganjhu and thereafter it is distributed between Mukesh Ganjhu, Kohramji, Akramanji @ Ravindra Ganjhu, Anischyaji, Bhikan Ganjhu and Deepu Singh @ Bhikan. He had further disclosed that Bindu Ganjhu is a member of “Amrapali Sanchalan Samittee” who collects levy on behalf of TPC and since he is at present in jail the collection of levy is being done by Pradeep Ram. On such information a raid was conducted in the house of Pradeep Ram and from under his bed as well as from an almirah Rs. 57,57,710/-in cash was recovered. No satisfactory explanation could be given by Pradeep Ram with respect to the cash recovered.

4. Based on the aforesaid allegations Tandwa P.S. Case No. 02 of 2016 was instituted for the offences under Sections 414, 384, 386, 387, 120B of the I.P.C., Section 25(1-b)(a), 26/35 of the Arms Act and Section 17 (1)(2) of Criminal Law Amendment Act against Binod Kumar Ganjhu, Munesh Ganjhu, Pradeep Ram, Birbal Ganjhu, Gopal Singh Bhokta @ Brijesh Ganjhu, Mukesh Ganjhu, Kohramji, Akramanji @ Ravindra Ganjhu, Anischya Ganjhu, Deepu Singh @ Bhikan, Bindu Ganjhu @ Bindeshwar Ganjhu and Bhikan Ganjhu.

On 10.03.2016 charge sheet was submitted against the other accused persons before the learned Chief Judicial Magistrate, Chatra. On 09.04.2017 on the prayer made by the Investigating Officer offences under Sections 16,