1 CRA (DB) 108 of 2025 IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION Present: The Hon’ble Justice Debangsu Basak And The Hon’ble Justice Md. Shabbar Rashidi CRA (DB) 108 of 2025 Karimul Khan @ Karibul Khan Vs. The National Investigating Agency For the Appellant : Mr. Sabyasachi Banerjee, Ld. Sr. Advocate Mr. Biswajit Manna, Advocate For the NIA : Mr. Arun Kumar Maiti (Mohanty), Spl. PP, NIA Mr. Bhaskar Prosad Banerjee, Spl. PP, NIA Mr. Debashis Tandon, PP, NIA Ms. Deeba Nishat Nomani, PP, NIA Heard & Judgment on : June 9, 2025 DEBANGSU BASAK, J.:- 1. This is an appeal under Section 21(4) of the National Investigation Agency Act, 2008 in connection with NIA Special Case No.5 of 2024 which arose out of NIA Crime No.RC 16/2024/NIA/DLI dated 08.10.2024 under Section 288 of the Bharatiya Nyaya Sanhita read with Sections 3/4/5 of the Explosives Substances Act. 2. Appeal is directed against an order rejecting the prayer for bail made by the appellant. 2 CRA (DB) 108 of 2025 3. Appeal is under Section 21(4) of the National Investigation Agency Act, 2008. 4. Department reports that the appeal is within time and in form. 5. Appeal was initially taken up for hearing on April 9, 2025. It was adjourned from time to time. Appeal is taken up for final hearing today. 6. Learned Senior Advocate appearing for the appellant submits that, National Investigating Agency (NIA) submitted a charge sheet where, the appellant is not accused of any subversive activity against the State. He submits that, small quantities of explosives are alleged to be recovered from the possession of the appellant. He submits that, the appellant is in custody since September, 2024 without a possibility of the trial commencing any time soon. He relies upon an order dated March 19, 2025 passed in CRA (DB) 310 of 2024 and submits that, a Coordinate Bench granted bail in a police case involving the Explosives Substances Act. He relies upon an order dated October 17, 2023 passed in CRA (DB) 262 of 2023 by another Coordinate Bench involving the National Investigation Agency Act, and submits that in both the cases bail was granted. 7. Learned Advocate appearing for the NIA submits that, the investigations are yet to be concluded. On instructions and in response to a query of the Court, he submits that, NIA would be in a position to submit charge sheet by the first week of July, 2025. He 3 CRA (DB) 108 of 2025 submits that, NIA is exploring the possibility of existence of nexus between the appellant and Maoist. He points out that, further investigations led to implicate other persons in the incident. 8. Apparently, explosives substance was recovered from the possession of the appellant. NIA took over investigation and submitted a charge sheet. The charge sheet involves, inter alia, the Explosives Substances Act. The so-called Maoist connection with the appellant is not apparent as on date from the materials in the case diary, attention of which was drawn to the Court. Maoist connection is also not apparent with the incident. Charge sheet submitted does not say so. 9. Investigations are yet to be concluded. 10. Coordinate Bench in CRA (DB) 262 of 2023 granted bail to a person accused of dealing in explosives. Another Coordinate Bench in CRA (DB) 310 of 2024 granted bail to an accused involved in a police case of Explosives Substances Act. 11. Appellant appears to be a carrier of the explosive substances. NIA is not alleging that the carriage of the explosives by the appellant was for unlawful activities as defined under the Unlawful Activities (Prevention) Act, 1967. Restrictions imposed under the Act of 1967 are not attracted in the facts and circumstances of the present case. 12. Given the period of custody of the appellant and the materials presently available in the case diary regarding the involvement of the 4 CRA (DB) 108 of 2025 appellant and the fact that, the investigations are yet to be concluded, we deem it appropriate to enlarge the appellant on bail. 13. Accordingly, it is directed appellant be released on bail upon furnishing a bond of Rs.50,000/- (Rupees Fifty Thousand Only) with five sureties of like amount each, two of whom must be local to the satisfaction of the learned Special Court Calcutta under NIA Act on condition that the appellant shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. He shall reside within the municipal limits of Kolkata and/or Bidhannagar Commissionerate and shall provide the address where he shall presently reside to the Investigating Officer as well as to the jurisdictional Court and shall report to SP, NIA, Kolkata once in a week until further orders. 14. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this Court. 15. The prayer for bail of the appellant is allowed. 16. CRA (DB) 108 of 2025 is disposed of. (Debangsu Basak, J.) 17. I agree. (AD) (Md. Shabbar Rashidi, J.)