JUDGMENT :

RAMESH KUMARI, J.

In the instant appeal, the appellant-Lovepreet Singh @ Ravi (hereinafter referred to as an accused) has prayed for grant of regular bail in RC No. 10/2021/NIA/DLI dated 10.06.2021 arising out of FIR No. 38 dated 22.04.2021 under Sections 120-B, 115, 170, 201, 385, 386, 387 and 471 of the Indian Penal Code; under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25(1A), 25(6), 25(7) and 29 of the Arms Act; and Section 17,18, 18-B, 20, 21 and 23 of the Unlawful Activities (Prevention) Act, 1967, registered at Police Station Mehna, District Moga.

2. It is the case of the prosecution that accused Arshdeep Singh alias Arsh alias Prabh (A-6), presently in Surrey, Canada alongwith present appellant-accused Lovepreet Singh alias Ravi and other co-accused persons had formed a gang for threatening and extorting money from people under the directions of Hardeep Singh Nijjar (A-7), Chief of Khalistan Tiger Force (KTF). In pursuance of above criminal conspiracy, accused Lovepreet Singh alias Ravi (A-1), Ram Singh alias Sona (A-2), Kamaljeet Sharma alias Kamal (A-3) committed targeted killings of prominent people and persons of other faiths, to create a sense of fear and disharmony in the society. Several arms, ammunition and vehicles were recovered from their possession on their disclosure statements while in police custody, which were used in different crimes committed by accused persons. As per the criminal conspiracy hatched by Arshdeep Singh alias Arsh alias Prabh, accused-appellant Lovepreet Singh alias Ravi (A-1), alongwith Kamaljeet Sharma alias Kamal (A-3) actively participated in killing of gangster Sukhpreet Singh alias Sukha Lamha and disposed off his body after mutilating in furtherance of planning and conspiracy to execute criminal activities of extortion and killing. Investigation established that accused-appellant Lovepreet Singh alias Ravi being the part of criminal conspiracy with the association of other co-accused Ram Singh alias Sona (A-2), Kamaljeet Sharma alias Kamal (A-3) and Arshdeep Singh alias Arsh alias Prabh (A-6) knowingly held the amount, which was derived or obtained by the members of terror gang from the commission of terror acts/extortions. To create terror in the minds of people,co-accused Arshdeep Singh alias Arsh alias Prabh (A-6), Lovepreet Singh alias Ravi (A-1) and Kamaljit Sharma alias Kamal (A-3) hatched a criminal conspiracy and killed Tejinder Singh alias Pinka of Supershine Jeans Showroom, Moga. Accused- appellant Lovepreet Singh alias Ravi (A-1) was arrested on 23.05.2021 at Mehna, Moga in the instant case alongwith accused Ram Singh alias Sona (A- 2). Appellant-accused Lovepreet Singh is a classified class-1 prisoner in view of the provisions contained in the Prisons Act, 1894 and the Rules framed thereunder as he has committed heinous organized crime.

3. The contention of learned counsel for the appellant-accused Lovepreet Singh is that he has not committed any offence and has been falsely implicated in this case. He had been arrested on 22.05.2021 and he is in judicial custody for the last more than four and half years. The investigation is over; challan has been presented and custodial interrogation of the appellant is not required. The culpability of the appellant is a matter of trial. The prosecution has cited 131 prosecution witnesses, out of which only 35 witnesses have been examined. The appellant has no link with other co-accused as he had not taken part in any illegal activity. The allegations against him are not true and he belongs to a responsible family and has deep roots in the society. The apprehension of the prosecution that he shall flee from justice are without any basis. Because of his long incarceration he deserves the benefit of regular bail. It is further submitted that the appellant was earlier implicated in several FIRs but he was acquitted in those cases and as on date no case except the present case is pending a