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Judgment
Sreenivas Harish Kumar, J
Heard Sri. Rahamathulla Kothwal, learned counsel for the appellant and Sri. S. Shankarappa, learned Spl. Public Prosecutor for NIA.
This is an appeal under section 21(4) of National Investigation Agency Act challenging the order dated 05.01.2024 in Spl.C.No.2263/22 on the file of XLIX Addl. City Civil and Sessions Judge (Special Court for Trial of NIA Cases), CCH-50, Bengaluru. The appellant’s application for bail was rejected and hence this appeal.
The appellant is accused no.119 among several accused implicated of committing offences punishable under sections 143, 147, 148, 323, 324, 332, 333, 353, 504, 506, 427, 307, 120(B), 225(B), 153(A) r/w 149 IPC., and section 3(1) of Prevention of Damage to Public Property Act and sections 16(1)(b), 18, 20, 43-D(5) of Unlawful Activities (Prevention) Act. Already this court allowed the appeals Crl.A.No.92/2024 preferred by accused nos.25, 151, 153, 154, 88, 18, 06, 03, 02, 84, 65, 96 and 111 and Crl.A.No.93/2024 preferred by accused nos.1, 5, 11, 12, 13, 16, 17, 19, 23, 26, 28, 33, 34, 36, 37, 38, 39, 42, 43, 44, 46, 48, 50, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 66, 67, 68, 69, 71, 72, 73, 74, 75, 77, 78, 79, 80, 81, 82, 83, 85, 86, 89, 91, 92, 93, 94, 95, 97, 98, 100, 102, 104, 105, 106, 107, 108, 109, 110, 112, 114, 115, 117, 118, 121, 122, 123, 125, 126, 128, 130, 131, 133, 134, 135, 140, 143, 145, 149, 150, 155, 156 and 158. The appellant herein stands on the same footing. Therefore on the ground of parity he can be released on bail subject to certain conditions. Hence the following:
ORDER
Appeal is allowed.
The order dated 05.01.2024 in Spl.C.No.2263/2022 passed by the XLIX Additional City Civil and Sessions Judge (Special Judge for trial of NIA cases) (CCH-50), Bengaluru, is set aside, as it relates to the appellant.
The application filed by the appellant under section 439 Cr.P.C. is allowed. The appellant is admitted to bail on his executing a bond of Rs.2,00,000/-(Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the trial court. The appellant is subjected to the following conditions:-
i. He shall appear before the trial court regularly till conclusion of trial;
ii. He shall not tamper with the evidence and threaten the witnesses;
iii. He shall not indulge in criminal activities in future;
iv. Once in a month preferably on Sunday between 9.00 a.m. and 12.00 noon, he shall mark his attendance in Old Hubballi Police Station, Hubballi for a period of one year from the date of execution of bail bond.