IMPORTANT POINT
The court established that under the UA(P) Act, particularly Section 43D(5), bail can be denied if there are reasonable grounds to believe the accusations against the accused are prima facie true, emphasizing the serious implications of involvement with a banned terrorist organization.

ORDER :

Prayer:

1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 13.10.2023 passed by the learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi in Misc. Criminal Application No. 2186 of 2023 arising out of Special NIA Case No. 03 of 2022, by which the prayer for regular bail of the appellants in connection with R.C. Case No. 02/2022/NIA/RNC arising out of Lohardaga Peshrar P.S. Case No. 5 of 2022 registered under Sections 147, 148, 149, 307, 353 and 414 of IPC; under Sections 25(1-A), 25(1-B)a, 26, 27 and 35 of the Arms Act; under Section 10, 13, 14, 15 and 18 of UA(P) Act; under Section 3/4/5 of Explosive Substances Act and under Section 17 of CLA Act, has been rejected.

Facts:

2. The brief facts of the prosecution case leading to this Criminal Appeal is that, an information was received by Jharkhand Police that, Regional Commander of CPI (Maoist), terrorist organization, a proscribed Ravindra Ganjhu along with his active cadres of CPI (Maoist), Balram Oraon, Muneshwar Ganjhu, Balak Ganjhu, Dinesh Nagheshia, Aghanu Ganjhu, Lajim Ansari, Markush Nagheshia, Sanjay Nagheshia, Sheela Kherwar, Lalita Devi, and 45-50 other cadres had assembled in the forest area of Bulbul and were planning to execute an incident against the security forces and in the Bauxite mines area and there after upon getting information they said OPS plan was chalked out and operation team consisting of officers/officials of Cobra-203/209, Jharkhand Jaguar, CRPF and district Police were made and an extensive search operation 08.02.2022. was carried out from 08.02.2022.

That operation, in continuation of above search 17.02.2022, on based on the information Operation Plan Number-48 was made out which consists of three search team's consisting of Local Police, Cobra and IRB. They proceeded towards the Bahabar Jungle. On their way one search team was ambushed and was fired upon indiscriminately by the CPI (Maoist). The search party retaliated the fire in self- defense. On being dominated by police, the Maoists fled in different directions, taking advantage of the dense forest. A search was conducted following the incident. During the search arms, ammunition and other materials i.e. 5.56 MM Insas rifle-01, Country made pistol-01, 5.56 mm rounds of Insas-86 rounds. Rounds-328 rounds, SLR Rounds-1123 rounds, SLR Magazine-11, Insas Magazine-04, Insas LMG magazine-02, huge quantity of IED making materials, Maoist related documents and diaries and Naxal dresses were recovered.

When the search was continued on the next day i.e. on 19.02.2022, the team found 07-08 Pithu (back-pack) bags. During the thorough search of the bags incriminating items were recovered and seized. Further, on 20.02.2022, as per operational plan number 51, additional search teams were sent to conduct search and apprehend armed cadres of CPI (Maoist) with the co-ordination of previous search team, incriminating items i.e. Naxal related documents and diaries, Unistar Jungle shoes, Naxal uniform, letter pad (05), note book (10) & daily need items were recovered and seized.

Further, on 21.02.2022, search team number 2 found one suspicious person at village HarkattaToli under PS-Peshrar. On being asked he revealed his name as Sanjay Nagesia (A-9), S/o Late Jagmohan Nagesia, Vill-Korgo, PS-Bagdu, District-Lohardaga. During his personal search Naxal Pamphlet, diaries (08), IED (01), Naxal dress and IED making materials were seized. Suspect Sanjay Nagesia was formally arrested. The explosive items were disposed on the spot by the BDDS team.

The police team chased the Maoist and apprehended three persons. During interrogation, they revealed that one of their associates had fled towards Bhusakhad One (Kisko). person namely Markush Nagesia was searched and one grey coloured Pitthu (back-pack) bag, containing one combat dress, 15 rounds 5.56 mm live ammunition and book containing Naxal literature was found from hi