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2024 Supreme(Jhk) 688

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Surendra Ganjhu @ Sushant Bhokta, S/o. Mangal Ganjhu – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. A.K. Chaturvedy.
For the Respondent: Mr. Shailesh Kr. Sinha, A.P.P.

JUDGMENT :

1. The instant appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 against the order dated 26.07.2023 passed by the learned Sessions Judge, Chatra in Miscellaneous Criminal Application No.919 of 2023 whereby and whereunder the prayer for regular bail of the appellant in connection with Piparwar P.S. Case No.36 of 2019, registered for the offence under Sections 385, 386, 387 and 120(B) of the Indian Penal Code, Section 17(i)(ii) of the C.L.A. Act and Sections 16, 17, 20 and 23 of the UAP Act, has been rejected.

2. Learned counsel appearing for the appellant has submitted that there is no specific allegation said to attract any penal offence including the offence under UAP Act, 1967. Such submission has been made on the ground that there is general and omnibus allegation against 77 accused persons, as would be evident from the F.I.R. but there is no specific attributability said to be committed by the present appellant.

3. Learned counsel for the appellant has further submitted that in the present case no sanction has been granted by the competent authority as required under Section 45 of the UAP Act, 1967 and, as such, even the cognizance

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