Delay in trial does not justify bail in serious offenses when a prima facie case is established against the accused.

JUDGMENT :

Sanjay Prasad, J.

The present criminal appeal has been preferred against the order dated 30.06.2023 passed by Sri Madhuresh Kumar Verma, learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi in Special (NIA) Case No. 02 of 2018, corresponding to R.C. No. 02/2018/NIA/DLI dated 19.01.2018 registered under Section 212/213/414/34 of the Indian Penal Code and Section 13/17/40 of Unlawful Activities (Prevention) Act, 1967 and Section 17 of Criminal Law Amendment Act arising out of Bero P.S. Case No. 67 of 2016 dated 10.11.2016, whereby the Learned Court below has rejected the bail application of appellant being Miscellaneous Criminal Application No. 1571 of 2023.

2. The prosecution case, in brief, is that on 10.11.2016, on receiving secret information, the informant namely Mr. Bindeshwari Das, Officer In-charge of Bero P.S. registered an information received regarding the associates of Supremo of PLFI depositing ill-gotten money of crime proceed realized as extortion of levy at SBI, Bero, Ranchi. After having informed his superior authorities and having received their directives, he proceeded for its verification alongwith other police officials and reserve guards. At about 03.15 PM, he reached along with his team at SBI, Bero, Ranchi, and after surrounding the same waited in ambush. In the meantime, after having seen the police party, 3-4 persons making hue and cry attempted to flee away with bag having articles carrying in their hand, and one of the persons was apprehended from campus of the Bank and three persons were apprehended while boarding Safari Vehicle No. JH01Y 2898. On asking, the persons apprehended disclosed their name as co-accused Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar. The Informant conducted search of these persons in presence of independent witnesses and alleged levy/extorted amount of Rs. 25,38,000/- was recovered. The co-accused were unable to show any document and one of the co-accused confessed before the Informant that the PLFI Supremo Dinesh Gope had instructed him on mobile phone after the Central Government Policy of demonetization to deposit the amount.

3. It was further confessed by a co-accused that levied, extorted money was given by PLFI extremist organization for getting it converted white money by depositing in the name of the said petrol pump. Accordingly, all the said articles were seized in presence of independent witnesses and seizure list was prepared. On these grounds, the informant claimed that these accused persons were involved in the extortion of levied amount and such ill-gotten money was being converted by hardcore outlawed PLFI extremist people which is dangerous to the national interest and helpful for the extremist organization. Accordingly, a First Information Report was instituted against six accused persons including four arrested persons namely Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar.

4. The Central Government in exercise of the power under Sub-Section (5) of Section 6 read with Section 8 of the National Investigating Agency Act, 2008, vide MHA New Delhi CTCY Order No. 11011/51/2017/IS-IV dated 16.01.2018 SUO MOTU directed the NIA to take up the investigation of the case, and accordingly, Bero P.S. Case No. 67 of 2016 dated 10.11.2016 was re-registered as RC 02/2018/NIA/DLI dated 19.01.2018 under Section 13,17, 40 of the Unlawful Activities ( Prevention) Act, Sections 212, 213, 414, 34 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act.

5. It is submitted by the learned counsel for the appellant that the judgment and order dated 20.06.2020 passed in Special (NIA) Case No. 02 of 2018 by the learned Court below was challenged before this Court in Criminal Appeal (DB) No. 556 of 2020 and this Court had dismissed the appeal of the Appellant vide judgment dated 06.05.2022 with observation to renew his prayer for bail, if trial is not concluded within one year.

6. It is submit