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2026 Supreme(Online)(AP) 19631

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)


2026:APHC:19753


CRIMINAL APPEAL NO: 841/2025



1. ASHOK KUMAR DEG, S/O SH. SHER SINGH DEG, AGED ABOUT 24 YEARS R/O INDALI, OLD BUS STAND, JHUNJHUNU, RAJASTHAN. (PRESENTLY IN JUDICIAL CUSTODY AT CENTRAL JAIL, VISAKHAPATNAM, ANDHRA PRADESH)


...APPELLANT


AND


1. THE UNION OF INDIA, REPRESENTED BY ITS DEPUTY SOLICITOR GENERAL HIGH COURT OF ANDHRA PRADESH AMARAVATHI ANDHRA PRADESH


2. THE SPECIAL PUBLIC PROSECUTOR, NATIONAL INVESTIGATION AGENCY HYDERABAD


...RESPONDENT(S):



Counsel for the Appellant:


1.LANKA VENKATESWARLU


Counsel for the Respondent(S):


1.Challa Dhanunjay , ADDITIONAL SOLICITOR GENERAL OF INDIA



THE HONOURABLE SRI JUSTICE K SURESH REDDY


THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA


WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX

Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to may be pleased to allow the present referred by the Appellant against the impugned Order / Judgement dated 06.10.2025 passed by the Ld. Ill Additional District and Sessions Judge- cum-Special Judge for SPE and ACB Cases, Visakhapatnam, in case titled as “Ashok Kumar Deg Versus The State” represented by the Special Public Prosecutor, National Investigating Agency, Hyderabad and be pleased to release the Appellant on Bail in FIR No. 05/2019/NIA/HYD and pass such

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of (22 ) days In filling the above petition In Crl.A.Sr No.15562 of 2025 against the Order Dated 06.10.2025 In Crl.M.P.No. 1970 of 2025 In S.C.NO. 15 of 2023 on the file of the Hon’ble 111 Additional District & Sessions Judge - Cum - Special Judge for SPE & ACB Cases, Vlsakhapatnam and pass such

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to to dispense with the filing of certified copy of order passed dated 06.10.2025 in Crl.M.P.No. 1970 of 2025 in S.C.No. 15 of 2023 on the file of the Hon hie 111 Additional District and Sessions Judge - Cum - Special Judge for SPE and ACB Cases, Visakhapatnam before this Honble Court and pass such

The Court made the following:

JUDGMENT :-

(Per the Hon’ble Sri Justice K.Suresh Reddy)

Questioning the order, dated 06.10.2025 in Crl.M.P.No.1970 of 2025 in S.C.No.15 of 2023 on the file of the Court of III Additional District and Sessions Judge-cum- Special Judge for SPE & ACB Cases, Visakhapatnam, the appellant/Accused No.7, filed the present Criminal Appeal under Section 21(4) of the National Investigation Agency Act, 2008.

2. Case of prosecution briefly is as follows :-

On 15.11.2019, on receipt of credible information, the Counter Intelligence police registered FIR stating that during 2011-2019 some unidentified foreign nationals entered into conspiracy with some unidentified persons at Visakhapatnam, Mumbai and other places to carry out Anti-National activities. The said FIR was registered for the offences under Sections 120-B, 121-A IPC and Sections 17 and 18 of Unlawful Activities (Prevention) Act, 1967 and Section 3 of Official Secrets Act, 1923. The said FIR was registered as Crime No.1 of 2019 on 16.11.2019. During the course of investigation, Counter Intelligence Police conducted searches at the residential premises of accused and arrested them.

3. In view of the gravity of the offence, the Ministry of Home Affairs, Government of India entrusted the investigation to National Investigating Agency. Accordingly, N.I.A, Hyderabad, re-registered the above said case as RC-05/2019/NIA/Hyderabad, dated 29.12.2019 for the offences under Sections 120-B, 121-A IPC and Sections 17 and 18 of U.A (P) Act, 1967 and Section 3 of Official Secrets Act, 1923.

4. During the course of investigation, the Investigating Authorities conducted searches at the residential premises of A.2 to A.5, A.15, as well as the office premises/working places of Navy personnel (A.6 to A.13 and A.16 to A.18) between 19.12.2019 and 29.12.2019 and seized electronic gadgets such as mobile phones, memory cards, SIM cards, Pen drives etc., and also bank documents, identity documents such as Aadhaar cards, Pan cards, Passports etc. and other material from the individual possession and residential/office premises of accused A.2 to A.13 and A.15 to A.18. Thereafter, the Investigating Agency arrested A.2, A.6 to A.13 and A.15 to A.18 as they were found to be involved in the commission of the present offence.

5. The allegation made against the appellant who is shown as A.7 in the Charge Sheet at paragraph

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