IMPORTANT POINT
The main legal point established in the judgment is the presumption of innocence until proven guilty and the need for a humane attitude in dealing with bail applications.

JUDGMENT

1. This petition has been filed by the petitioner under Section 439 Cr.P.C. praying to enlarge him on bail in connection with FIR No.155(06)2022 under Section 17/20 of Unlawful Activities (Prevention) Act and 489-C IPC on the file of Porompat Police Station.

2. The case of the prosecution is that the complainant, namely S.I. of Police Mr. S.Suraj Singh of Senapati District, now attached to CDO/IW reported Porompat Police Station that on 4.6.2022 at about 7.00 a.m., he received reliable information from 30 AR and further from his own sources about the presence of some active cadres of RPF/PLA organization, an outlawed banned organization in and around Khurai Soibam Leikai area. Acting on the information, teams of CDO-IW led by P.Achouba Meetei, OC-CDO-IW and the complainant himself under the supervision of the Additional Superintendent of Police (Ops.) rushed to the said area and conducted search operation at some suspected houses. While searching the house of one (L) Soibam Sailesh Meetei of Khurai Soibam Leikai, one unknown person was found in a very suspicious manner. Due to his suspicious nature, he was detained for identification and verification. On verification, he identified himself as Soibam Reynold Meetei of Khurai Soibam Leikaiand on spot search, one Redmi 9A mobile handset along with two sim cards, 95 numbers of fake Rs.500/- currency notes and one voter ID card were found from his possession.

3. Further case of the prosecution is that on preliminary questioning, he disclosed that he is an active member of RFP/PLA organization and started working for the said organization since 3/4 months back and presently he is working under the command of one R.K.Chinglen @ Aggu of Finance of Section of RPF/PLA organization and one Rocky of Finance Section of RPF/PLA organization who was staying at Myanmar. He further disclosed that under the instruction of his commander, he collected huge amount of money from shop owners located at Imphal area and handed over the extorted money to his commander for their party fund. He has also disclosed that he used one Yamaha Fascino blue in colour bearing registration No.MN01AJ-0753 for extortion purpose. The said vehicle was also recovered from his house and was arrested at 9.00 a.m. and recovered items were seized from his possession by observing formalities.

4. Mr. N. Jotendro, the learned senior counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he is not at all associated with any unlawful organization and has not involved in the alleged offences. He would submit the petitioner is not a member of any RPF/PLA and is not required in any kind of investigation, nor any kind of further custodial interrogation is required, nor any recovery is to be made at the instance of the petitioner.

5. The learned senior counsel further submitted that the petitioner had filed regular bail application before the learned Special Judge (NIA), Imphal East being Cril. Misc. (B) Case No.39 of 2022 and by the order dated 8.7.2022, the learned Special Judge rejected the petition on the ground that the investigation of the present FIR case is still in the nascent stage and there is sufficient material against the petitioner showing prima facie commission of prejudicial/unlawful activities. According to the petitioner, such a finding arrived at by the learned Special Judge is without any material and that the learned Special Judge erred in holding that sufficient materials are available against the petitioner.

6. The learned senior counsel urged that the petitioner had gone to collect some money as asked by his former friend, a fellow drug user and that the petitioner had no knowledge that RK Chinglen @ Aggu is associated with any unlawful organization. Thus, a prayer is made to enlarge him on bail.

7. Per contra, Mr. Y. Ashang, the learned Additional Public Prosecutor submitted that during the course of investigation and during the police custody when the petiti