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2025 DAILYLAW 19332 (JHR)

AMAN SAHU ALIAS AMAN SAO v. THE UNION OF INDIA THROUGH NIA

Cr.A(DB)/927/2024 · 2025-02-05

Sanjay Prasad, Sujit Narayan Prasad

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 927 of 2024 --------- Aman Sahu @ Aman Sao @ Aman Saw aged about 26 years Son of Niranjan Prasad Sahu, resident of Village Matwe P.O-Chakme, P.S- Burmu, District Ranchi .…… Appellant Versus The Union of India through NIA ……. Respondent --------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. Hemant Kr. Shikarwar, Advocate : Mr. Abhishek Kumar, Advocate : Mr. Aman Deep Advocate For the Respondent : Mr. Amit Kumar Das, Advocate : Mr. Saurav Kumar, Advocate ---------- Oral Order 12/Dated: 05th February, 2025 The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 22.06.2024 passed by the learned AJC- XVI-cum-Special Judge, NIA, Ranchi in Misc. Cr. Application no.1380 of 2024, by which the prayer for regular bail of the appellant in connection with Special (NIA) Case No.01 of 2021/ R.C. Case No.01/2021/NIA/RNC registered under Sections 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B, 121A, 216 of IPC, Section 25(1) (b), 26, 27 and 35 of Arms Act, Section 3/4 of Explosive Substance Act, Section 17 CLA Act and Section 10, 13, 16(1)(b), 20 and 23 UA(P) Act, has been rejected. 2. The matter has been argued at length on behalf of both the parties but in course of argument, the issue of long incarceration in judicial 2 custody has also been taken as a ground having been raised on behalf of the learned counsel appearing for the appellant. 3. It has been contended that the appellant is languishing in judicial custody since 09.02.2021 and out of total 396 witnesses only 15 witnesses have been examined. 4. Mr. Shikarwar, learned counsel, has also submitted in addition thereto that his litigant client is also willing for early disposal of this case. The trial is not being conducted following the mandate of Section 19 of the National Investigation Agency Act, 2008. If trial will be expedited then, he will not press the present appeal. 5. Mr. Amit Kumar Das, learned counsel for the respondent-NIA has submitted by not disputing the fact with respect to the mandate of Section 19 of the National Investigation Agency Act, 2008. He has submitted that all feasible endeavour will be taken, as mandated under Section 19 of the National Investigation Agency Act, 2008 and if required, the witnesses can also be examined through the Video Conferencing. 6. Learned counsel appearing for the appellant upon this sought for leave to withdraw the instant appeal. 7. Accordingly, the instant appeal is dismissed as withdrawn. 8. It is being observed herein that as and when if required to the prosecuting agency, they can take recourse of the examination of the witnesses through Video Conferencing also. (Sujit Narayan Prasad, J.) (Sanjay Prasad, J.) Saket/-