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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Hira Devi @ Anita Devi, D/o Chamru Gope – Appellant
Versus
Union of India through National Investigating Agency, having its office at N.I.A. Camp Office – Respondent
JUDGMENT :
1. Heard Mr. Balaji Srinivasan, learned counsel for the appellant and Mr. Amit Kumar Das, learned Spl. P.P-NIA.
2. This appeal is directed against the order dated 15-12-2023 passed by the learned Additional Judicial Commissioner-XVI- cum-Special Judge, NIA, Ranchi in Misc. Criminal Application No. 3041 of 2023 arising out of Special (NIA) Case No. 02/2018 corresponding to R.C. No. 02/2018/NIA/DLI whereby and whereunder, the prayer for bail of the appellant has been rejected.
3. The prosecution case arises out of a written report of Bindeshwari Das, Officer-in-Charge of Bero P.S. to the effect that a secret information was received on 10.11.2016 that the supremo of PLFI for the purpose of depositing his ill-gotten money of proceeds of crime realized as extortion had sent it through his associates for depositing in the Bank account for converting into white through a Safari vehicle bearing registration no. JH01Y-2898 to SBI, Bero Branch. After making a station diary entry and on the basis of the directives of the superior authorities, the informant along with other Police personnel went to SBI, Bero Branch for verification of the said information. It is alleged that at about
Prolonged detention without trial violates constitutional rights; bail may be granted considering the length of custody and co-accused's bail.
The right to bail cannot be denied solely based on serious allegations; prolonged detention without trial must be addressed as it infringes constitutional rights to a timely trial.
The right to speedy trial under Article 21 of the Constitution of India is imperative, and prolonged incarceration without the likelihood of a timely trial may warrant the grant of bail.
Delay in trial does not justify bail in serious offenses when a prima facie case is established against the accused.
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.
The prolonged pretrial detention without trial is a key reason for granting bail, emphasizing the right to a timely trial.
The court emphasized the importance of prima facie evidence, the right to a speedy trial, and the lack of incriminating material in the possession of the accused.
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