The court ruled that prolonged judicial custody and slow trial progress justified granting bail, balancing the rights of the accused with the interests of justice.

JUDGMENT :

1. The instant criminal appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 against the order dated 14.10.2024 passed by learned Additional Sessions Judge-I, Chakradharpur (Chaibasa) in M.C.A. No.1043 of 2024, whereby and whereunder the prayer for regular bail of the appellant in connection with S.T. Case No.371 of 2023 arising out of Goilkera P.S. Case No. 39 of 2020 registered under Sections 147, 148, 149, 353, 120(B) of the I.P.C, under Sections 3 & 4 of Explosive Substance Act and under Section 17 of the C.L.A. Act, has been rejected.

2. It has been contended on behalf of the appellant that it is a case where the appellant has falsely been implicated on the basis of general and omnibus allegation. The appellant is languishing in judicial custody, on the basis of false implication in the present case, since 12.04.2023.

3. It is further contended that the trial is going on and out of 8 witnesses, 3 witnesses have been examined and five witnesses are still to be examined and as such, considering the slow progress of trial and more particularly, by taking into consideration the period of custody as also that one of the co-accused namely Oyebon Surin @ Oybon Surin has been directed to be released on bail vide order dated 23.12.2021, passed by the Co-ordinate Bench of this Court in B.A. No. 14484 of 2021, it is a fit case to interfere with the impugned order so that the appellant may be come out from the judicial custody.

4. While on the other hand, learned Special Public Prosecutor appearing for the State has vehemently opposed the prayer for grant of regular bail of the appellant.

5. This court has heard the learned counsel for the parties and gone across the finding recorded by the learned court as also the case diary while considering the prayer for regular bail.

6. This Court, considering the fact that the trial although is going on, but out of eight witnesses, only 3 witnesses have been examined and five witnesses are yet to be examined. The appellant is languishing in judicial custody since 12.04.2023 having two criminal antecedents, is of the view that it is a fit case to interfere with the impugned order.

7. Accordingly, the order dated 14.10.2024 passed by learned Additional Sessions Judge-I, Chakradharpur (Chaibasa) in connection with S.T. Case No.371 of 2023 arising out of Goilkera P.S. Case No. 39 of 2020, is hereby quashed and set aside.

8. In view thereof, the instant appeal stands allowed.

9. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Chakradharpur (Chaibasa) in connection with S.T. Case No.371 of 2023 arising out of Goilkera P.S. Case No. 39 of 2020 subject to the condition that the appellant will co-operate in the trial and shall appear on each and every date before the learned trial court, failing which, the learned trial court is at liberty to take appropriate course in accordance with law and; further subject to the condition that one of the bailors should be the father of the appellant and in case of his/her father being no more, a close relative of the appellant, which is to be accompanied by affidavit justifying that such bailor is close relative of the appellant.

10. Accordingly, the instant appeal stands disposed of.