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Judgment
Heard learned counsel for the appellant and learned counsel for the National Investigation Agency (NIA).
By filing this appeal, the sole appellant is seeking setting aside of the order dated 04.03.2025 passed by learned Special Judge NIA, Patna in Special Case No. 06 of 2024 arising out of RC No. 11/2024/NIA/DLI whereby and whereunder the prayer for regular bail of the appellant has been rejected by the learned trial Court.
It appears from the records that the appellant is being prosecuted in Fakuli P.S. Case No. 19 of 2024 dated 07.05.2024 for the offences alleged under Sections 13, 16 and 18 of the Unlawful Activities (Prevention) Act (in short ‘UA(P) Act’).
The prosecution story is based on self statement of Sub-Inspector of Police Ranjeet Kumar, who has stated that on 07.05.2024, police arrested Vikash Kumar and Satyam Kumar at Muzaffarpur Railway Station and recovered the butt and lens of an AK-47 rifle from their possession. On enquiry, Vikash Kumar disclosed that the said parts belonged to an AK-47 rifle which had been handed over to Devmuni Rai. Acting on this information, Devmuni Rai was arrested and an AK-47 rifle along with a magazine containing five live cartridges was recovered from beneath a bridge at Moorghatiya on Malkoni Road. It was further alleged that Vikash Kumar disclosed that the recovered weapon had been purchased from Ahmad Ansari @ Md. Ahmad Ansari (appellant), a resident of Gopalganj who was running a Garage at Dimapur, Nagaland. Accordingly, Fakuli P.S. Case No. 19/2024 was registered on 07.05.2024 under Sections 25(1-AA), 26 and 35 of the Arms Act against four accused persons, including the appellant. Charge-sheet was submitted on 27.06.2024 before the learned Judicial Magistrate, 1st Class, Muzaffarpur, after which the case was forwarded to the NIA. The NIA subsequently re-registered the case as RC-11/2024/NIA/DLI on 05.08.2024, and Sections 13, 16 and 18 of the UA(P)A were added on 11.02.2025.
Learned counsel for the appellant submits that on perusal of the written information, it would appear that this appellant is not named therein. However, in course of investigation, the name of the appellant has been brought in this case on the strength of the confessional statement of co-accused Vikash Kumar. It is submitted that there is an unexplained delay of 12 hours in lodging of the FIR. It is further submitted that no arms and ammunition or any incriminating material has been recovered from the possession of the appellant. The appellant runs a Garage at Dimapur (Nagaland) towards his livelihood and is also indulged in sales and purchase of the second hand cars etc. It is submitted that Vikash Kumar has entered into an agreement with this appellant for purchasing a car for a consideration amount of Rs. 9.50 lakhs. Under the agreement, the said Vikash Kumar has paid a sum of Rs. 2.50 lakhs only. The owner-ship of the car could not be transferred because Vikash Kumar has not made full payment of the consideration amount.
It is lastly submitted in this case that there are altogether 91 witnesses, out of which, only two witnesses have been examined so far. Therefore, the trial is not likely to be concluded in near future. The appellant is incarceration since 10.05.2024.
On the other hand, learned ASG for the NIA submits that in course of investigation, it was revealed that this appellant had been supplying the arms and ammunition to the co-accused. It is the stand of the NIA that the investigation has revealed huge cash transaction between the co-accused person and the appellant for the purpose of procurement and supply of the A.K. 47 Rifle. It is pointed out that the accused Devmuni Rai @ Anish and the other co-accused had travelled on several occasions to Dimapur in course of procurement of A.K. 47 Rifles. The investigation revealed that in the month of February 2024, one A.K.47 Rifle with its magazine and ammunition were provided by accused Vikash Kumar to accused Devmuni Rai @ Anish which he has procured from this appellant.
The counter affidavit filed on behalf of the NIA has pointed out that the huge amount of transactions has been made in the account of this appellant which has gone in crores in several installments.
It is submitted that the connection of this appellant is also being found with the sergeants of Nagaland.
Having regard to the materials placed before us which we have noticed hereinabove, on finding that the allegation as against the appellant is very serious and the punishment attached to the same is severe in nature and at present, the appellant is incarceration only since 10.05.2024 which cannot be said to be inordinate period in course of trial, the trial has already begun and the witnesses have been examined, for the present, we are not inclined to grant bail to the appellant. No ground for interference with the impugned order is made out.
This appeal is dismissed.
The trial Court is directed to expedite the trial. If the trial is not concluded within one year from today, the appellant may renew his prayer for bail.