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Judgment
The instant appeal under section 21(4) of the National Investigation Agency Act, 2008 has been directed against the order dated 13th June 2024 passed by the learned Sessions Judge, Deoghar in B.P No.202 of 2024 whereby and whereunder the prayer for regular bail of the appellant in connection with Deoghar (Town) P.S. Case No.192 of 2024 registered for the offence under Sections 386, 387, 120-B of the Indian Penal Code and Sections 25(1-B)/(a)/26/25(6)/31/35 of the Arms Act and section 4 & 5 of Explosive Substance Act, has been rejected.
Learned counsel appearing for the appellant has submitted that it is a case where the appellant has falsely been implicated.
The submission has also been made that no case has been made out against the appellant because nothing incriminating has been recovered and seized from his conscious possession or his house. It has further been submitted that neither there is any complaint against the appellant for any extortion nor the appellant has been arrested on the spot.
The further submission has been made that the co-accused, namely, Aditya @ Vikku Choubey @ Aditya Kumar Choubey @ Aditya Kumar, against whom there was main allegation and from whose house the incriminating articles were recovered, has been granted bail by a co-ordinate Bench of this Court in Criminal Appeal (DB) No.821 of 2024. It has further been submitted that the said co-accused has two criminal antecedents whereas though the appellant has four criminal antecedents, but, in all cases, he has been released on bail. It has further been submitted that the appellant is in custody since 7th May 2024.
Based on the aforesaid grounds, learned counsel for the appellant has submitted that the impugned order may be interfered with.
While on the other hand, learned Additional Public Prosecutor has vehemently opposed the prayer for bail by submitting that the appellant has four criminal antecedents.
This Court has heard learned counsel for the parties and gone across the impugned order rejecting the prayer for regular bail of the appellant.
It appears from the materials available on record that the main allegation is against Aditya @ Vikku Choubey @ Aditya Kumar Choubey @ Aditya Kumar who has been enlarged on bail vide order dated 1st July 2024 passed by a co-ordinate Bench of this Court in Criminal Appeal (DB) No.821 of 2024.
This Court, on consideration of the fact that the co-accused, against whom there was main allegation and from whose house the incriminating articles were recovered as also he is having two criminal antecedents, has been granted bail by a co-ordinate Bench of this Court, is of the view that the impugned order needs to be interfered with.
Accordingly, the order dated 13th June 2024 passed by the learned Sessions Judge, Deoghar in B.P No.202 of 2024 in connection with Deoghar (Town) P.S. Case No.192 of 2024, is, hereby, quashed and set aside.
In view thereof, the instant appeal stands allowed.
In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Deoghar in connection with Deoghar (Town) P.S. Case No.192 of 2024, subject to the conditions that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause and shall not commit offence of the like nature. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.
I.A., if any, stands disposed of.