The court reiterated that under the UAPA, bail is the exception, emphasizing the prima facie strength of allegations against the accused involved in financing a terrorist organization.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal preferred under Section 21 (4) of the National Investigation Agency Act, 2008 is directed against the order dated 19.05.2022 passed by the learned A.J.C.-XVI-cum-Special Judge, NIA Ranchi, in Misc. Cr. Application No. 566 of 2022 (Special (NIA) Case No.02 of 2018) corresponding to R.C. No.02/2018/NIA/DLI dated 19.01.2018, arising out of Bero P.S. Case No.67 of 2016 registered for the offence under Sections 21 2, 213, 414/34 of the I.P.C., Section 17 (ii) of the Criminal Law (Amendment) Act, 1908 and Sections 13 , 17 & 40 of the Unlawful Activities (Prevention) Act, whereby and whereunder, the prayer for regular bail of the appellant has been rejected.

PROSECUTION CASE & FACTS

2. The brief facts of the prosecution case leading to this Criminal Appeal 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 along with other police officials and reserve guards.

3. 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 Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar.

4. 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 accused persons 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. 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.

5. It is alleged 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.

6. Accordingly, a case was registered on the basis of written report made by Sub-Inspector of Bero P.S Mr. Bindeshwari Das, as Bero P.S. Case No.67 of 2016 under Sections 212 , 213, 414/34 of the I.P.C., Section 17 (ii) of the Criminal Law (Amendment) Act, 1908 and Sections 13 , 17 & 40 of the Unlawful Activities (Prevention) Act against accused persons namely Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto, Mohan Kumar and also against accused Yamuna Prasad and Dinesh Gope.

7. After investigation the state police filed charge-sheet in the aforesaid case vide charge-sheet no. 01 of 2017 against the accused persons na