Bail denied due to serious allegations and appellant's criminal history, despite claims of false implication.

JUDGMENT :

1. The instant appeal filed, under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 31.07.2024 passed in Misc. Criminal Appl. No. 1049 of 2024 by the learned Additional Sessions Judge-II, Chatra in connection with B.Nagar P. S. Case No. 31 of 2022 arising out of S.T. Case No. 450 of 2023, registered under Section 120 B of the Indian Penal Code and Section 17 of the CLA Act and Section 1 and 2 of the Criminal Probation act and Sections 3/4 of the Explosive Substances Act; whereby and whereunder, the prayer for regular bail of the appellant, has been rejected.

2. It has been contended on behalf of appellant that it is a case where the appellant has falsely been implicated and there is no direct or indirect evidence against the appellant to show his involvement in the alleged occurrence since the appellant is neither the member of extremist organization or anything has been recovered from the conscious possession of the appellant.

3. The appellant is languishing in judicial custody since 07.06.2023 and charge has been framed against the appellant on 06.02.2024 and since then there is no substantial progress in the trial.

4. Therefore, submission has been made by learned counsel for the appellant that the impugned order may be quashed and set aside.

5. While on the other hand, learned A.P.P. appearing for the State has vehemently opposed the prayer for bail. Submission has been made that there is allegation that he along with co-accused persons, who were the members of CPI Maoist extremist party, were involved in plantation of kane- bombs near Kahua Nala with the intention of killing police party. It has further been submitted that the appellant has28 criminal antecedents of like nature.

6. Therefore, submission has been made that the impugned order requires no interference by this Court.

7. We have heard learned counsel for the parties and gone across the finding recorded by the learned court in the impugned order as also case diary.

8. From perusal of material available on record as also in the case diary, it is evident that the appellant along with co- accused persons, who were the members of CPI Maoist extremist party, were involved in plantation of kane-bombs near Kahua Nala with the intention of killing policy party, which was found by the Investigation Officer, as would be evident from paragraph 17 of the case diary.

9. Further, as per the investigation and supervision note, it is evident that the allegation leveled against the appellant is found to be true, as would be evident from letter dated letter dated 411 dated 20.02.2025 issued by the office of Superintendent of Police, Chatra, annexed as Annexure A to the affidavit in objection by the respondent.

10. Furthermore, the appellant has long criminal history of having 28 criminal antecedent of like nature, as would be evident from paragraph 48 of the case diary.

11. In view thereof, the impugned order requires no interference by this Court.

12. In view thereof, the instant appeal stands dismissed.

13. It is made clear that any observation(s) made hereinabove is only for the purpose of consideration of bail having no bearing with the trial.

14. Accordingly, the instant appeal stands disposed of.