Bail under the U.A.P. Act requires prima facie assessment of allegations; long custody or parity with co-accused do not automatically justify release.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

Prayer:

1. The instant appeal preferred under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 22.09.2025 passed in Misc. Cr. Application No. 1663 of 2025 by learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi whereby and whereunder the prayer for bail in connection with Special (NIA) Case No. 01 of 2021, RC Case No.-01/2021/NIA/RNC arising out of Balumath P.S. Case No. 234 of 2020 registered under Sections 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B, 121A and 216 of the Indian Penal Code Section 25(1)(b), 26, 27 and 35 of the Arms Act, Section 3 & 4 of Explosive Substance Act, Section 10, 13, 16(1)(b), 20 and 23 of UA(P) Act and Section 17 of CLA Act, 1908, has been rejected.

Factual Matrix

2. The brief facts of the case, as per the prosecution version, which required to be enumerated reads hereunder as.

3. The prosecution case is that initially, the case was instituted in Balumath P.S bearing Balumath P.S case no. 234 of 2020 dated 19.12.2020 on the basis of self-statement of S.I. Rana Bhanu Pratap Singh, officer-in- charge of the said P.S. It is alleged in the FIR that on 18.12.2020 at 19.00 hours, an information was received at Balumath police station that some unknown miscreants were burning vehicles and firing indiscriminately near Check-post no.1 near Tetariyakhad colliery. Thereafter, the officer-in- charge alongwith the police force proceeded from police station to verify such information. At 19.30 hours, when they reached near Tetariyakhad Check post No.1, the miscreants started firing on the police party. The police force retaliated by firing to protect themselves. Thereafter, the miscreants started fleeing from there and managed to escape by taking advantage of night. It is further alleged that the said miscreants had burnt four trucks and one motorcycle and injured four civilians who were sent to hospital for treatment. The remnants of the coal loaded burnt trucks, fragments of a cane bomb with wire, a white colour empty gallon of approx. 02 liters, spent cartridges and three hand written pamphlets containing threats to the transporters and coal companies working in the mining area, which were allegedly written by Pradip Ganjhu @ Mandal @ Prem (A3), were found on the spot which were seized under a seizure list.

4. It is further alleged that upon further inquiry, it revealed that at the instance of gangster Sujit Sinha (A-1) and Aman Sahu @ Aman Sao (A-2), accused Pradip Ganjhu @ Mandal @ Prem (A-3), Shahrukh Ansari and his associates namely Santosh Ganjhu, Bihari Ganjhu, Sakendra Ganjhu, Pramod Ganjhu and others had committed the said occurrence to collect extortion amount from CCL, transporters, contractors and D.O. holders and disrupted the legitimate works. Accordingly, Balumath P.S. case no. 234 of 2020 dated 19.12.2020 was registered against accused Sujit Sinha, Aman Sahu @ Aman Sao, Pradip Ganjhu @ Mandal @ Prem, Santosh Ganjhu, Sakendra Ganjhu, Bihari Ganjhu, Pramod Ganjhu and 5-6 other unknown accused persons for the offence u/s 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B, 121A & 216 of the IPC, section 25(1)(b), 26, 27 & 35 of the Arms Act, sec. 3 & 4 of the Explosive Substance Act, Sec. 17 of the CLA Act and section 10, 13, 16(1)(b), 20 & 23 of the UA(P) Act.

5. Considering the gravity of the offence, the Ministry of Home Affairs (MHA), Government of India, in exercise of powers vested under section 6(5) read with sec