IMPORTANT POINT
The completion of investigation and prolonged judicial custody are significant factors in determining the entitlement to bail under UAPA. The court emphasized the mandatory requirements under Section 43-D(5) of the UAPA and the principles for granting bail.

COMMON JUDGMENT

K. Lakshman, J. - Heard Mr. Mummaneni Srinivasa Rao, Mr. E. Venkata Reddy, learned counsel, Mr. D. Shashi Preetam, learned counsel representing Mr. Nageshwar Rao Pujari and Mr. R.Prasanth, learned counsel for the appellants/A.1, 3, 6 and 7 and also Mr. P. Vishnuvardhan Reddy, learned Special Public Prosecutor for NIA appearing on behalf of the respondent.

2. Criminal Appeal No.1068 of 2023 is filed by Accused No.1 challenging the order dated 22.11.2023 passed by learned IV Additional Metropolitan Sessions Judge - cum - Special Court for NIA Cases, Nampally, Hyderabad (for short 'Designated Court/Special Court') dismissing the application filed by him vide Crl.M.P. No.1620 of 2023 in RC-03/2023/NIA/HYD seeking regular bail, whereas Crl.A.Nos.23 of 2024 and 1062 of 2023 are filed by A.3 and A.6 challenging the similar orders, both dated 07.11.2023 passed in Crl.M.P. Nos.1465 and 1389 of 2023 and Crl.A.No.130 of 2024 is filed by A.7 challenging the order dated 18.01.2024 passed in Crl.M.P.No.1855 of 2023 respectively.

3. The case of the NIA in brief is as under:

i) On 05.06.2023 at 4.00 P.M. at the outskirts of Dosillapalli Village, Cherla Mandal, TVR Suri, Sub-Inspector of Police, Cherla Police Station, while conducting vehicle checking, intercepted A.1, 2 and 3 along with incriminating material objects, such as one drone, cortex wire bundles - 2 each 80 meters length, gelatin sticks - 10, detonators - 5 ( for short, 'case property') while accused Nos.1 to 7 conspired to hand over the same to the underground cadres of proscribed organization of CPI (Maoist) i.e., accused Nos.8 to 11 and others, for making landmine and IED firearms.

ii) It was also revealed that accused Nos.1 to 3 purchased one Lathe machine and used to cut the iron rods to make firearms, one drone to observe the police party movements in the forest area and also received explosive substance from accused Nos.4, 5, 6 and 7 which they have received from accused No.12, while accused Nos.1 to 3 were trying to supply the said items to banned CPI (Maoist) Party leaders pursuant to the conspiracy. The appellant/A.6 was apprehended in connection with Cr.No.50 of 2023 of Dummuguda police Station and he was produced in the present crime i.e. Cr.No.52 of 2023 on P.T. Warrant. Material objects were seized from the appellants/A.1 and A.3. They were produced on PT warrants before the learned Magistrate Court at Bhadrachalam on 12.06.2023.

iii) Initially, a case in Crime No.52 of 2023 was registered on 05.06.2023 by Cherla Police Station for the offences under Sections -120-B, 143, 147 and 148 read with 149 of IPC and Sections - 8 (i) and (ii) of the Telangana Public Security Act, 1992 ( for short, TPS Act), Section - 5 of the Explosives Substance Act, 1908 (for short, ES Act) and Sections - 10, 13, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short, UAPA). Subsequently, investigation was entrusted to NIA pursuant to the directions of the Central Government, the case was re-registered as RC No.3 of 2023/NIA/Hyderabad for the aforesaid offences.

iv) Thus, accused Nos.1 to 7 got acquaintances with banned CPI (Maoist) Party UG armed Cadre i.e., accused Nos.8 to 11 and others and criminally conspired with them by being an associate with them to supply explosives and other items which are used to make landmines, IED and firearms.

4. The appellants/A.1, A.3, A.6 and A.7 have filed separate applications before the trial Court under Section 439 of Cr.P.C. seeking regular bail. The trial Court, vide orders, dated 07.11.2023, 22.11.2023 and 18.01.2024 dismissed the said applications. Challenging the same, A.1, A.3, A.6 and A.7 have preferred these appeals seeking bail on the following grounds:-

i. The Investigating Officer in the said crime informed that he has already filed chargesheet, whereas, trial Court dismissed bail applications on the ground that the Investigation is pending.

ii. The police arrested A.1 and A.3 on 06.06.2023, A.6 on 05.06.2023 and A.7 on