The court affirmed that continued detention is warranted due to the serious allegations of conspiracy to supply arms to terrorist organizations and the ongoing nature of the trial.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The instant appeal under Section 21 (4) of the National Investigation Agency Act, 2008 is directed against the order dated 08.04.2024 passed by the learned Additional Judicial Commissioner-XVI-cum-Spl. Judge, NIA, Ranchi in Misc. Criminal Application No. 672 of 2024 arising out of ATS Ranchi P.S. Case No. 01 of 2021 corresponding to Special (NIA) Case No. 4 of 2021, by which the prayer for regular bail of the appellant has been rejected.

Factual Matrix

2. The prosecution case, in brief, as per the allegation made in the FIR, read as under.

3. The prosecution case is based upon the typed report of sub inspector Vishal Pandey of ATS on 14.11.2021. In his typed report SI Vishal Pandey alleged that while investigation of the Tandwa P.S. Case No. 132/2021 he came to know that Avinash Kumar S/o Jairam Sharma and few other persons are supplying arms and ammunitions to miscreants and extremist groups. Accordingly, the ATS Ranchi P.S. Case No. 01/2021 has been registered.

4. The Central Government received an information regarding the registration of FIR No. 01/2021 dated 14.11.2021 P.S. ATS, Ranchi, Jharkhand, u/s. 120-B of IPC, Section 17 of CLA Act, Section 2 5(1-b) 2 A/26/35 and Section 13 , 19, 20, 21 of U.A.P. Act, 1967 related to supply of arms and ammunition to maoist organization and criminals.

5. The accused Avinash Kumar @ Chunnu, Rishi Kumar, Pankaj Kumar, Sanjay Kumar Singh, Mujahid Khan and others, being members of the gang involved in unlawful activities, have criminally conspired to supply arms and ammunitions to the cadres of the Communist party of India (Maoists), and to the members of the terrorist gang of Aman Sahu.

6. The arms and ammunitions so provided are being used to execute terrorist attacks on the security forces by the Maoists. The members of the Aman Sahu gang are using the said arms and ammunitions to fire at different places and injure persons for the purpose of extortion. The above conspirators have been holding arms unlawfully and have been string them for their further supply to the members of CPI (Maoist).

7. They are also harbouring the members of the terrorist gang of Aman Sahu and are involved in holding the proceeds derived out of this unlawful activity of supporting the terrorist. Whereas it has been found that civil contractors Mujahid Khan and Sanjay Singh have been working closely with the members of the CPI(Maoist) by providing them funds and other essential supplies for furthering their terrorist activities.

8. Mujahid khan supplied 250 live rounds (ammunition) of INSAS to the Maoists. For procuring these rounds Mujahid Khan paid Rs. 1,75,000/- to the accused Rishi Kumar. The said conspirators were procuring the arms and ammunitions illegally and were storing them at different locations, for their onward supplies. 450 rounds of 5.56 MM ammunitions were recovered by the police near the Sheikh Bhikhan Memorial of Chutupalu Ghati on the pointing out of the accused Rishi Kumar and Avinash Kumar.

9. These rounds were to be supplied to the terrorist gang of Aman Sahu. Apart from the ammunitions, the conspirators are also procuring country made pistols and are supplying it to the members of the terrorist gangs.

10. It appears from the record that initially FIR was instituted by the Anti-Terrorist Squad being ATS Ranchi P.S. Case No. 01 of 2021 for commission of offence under Section 120-B of IPC, Section 17 of CLA 3 Act, Section 25 (1-b) A/26/35 and Section 13 , 19, 20, 21 of U.A.P. Act, 1967.

11. The Central Government in exercise of power conferred under sub-section (5) of Section 6 read with Section 8 of the