Introduction:

In a recent ruling, the Jharkhand High Court dismissed an appeal challenging the rejection of bail to a UAPA accused allegedly associated with the banned terrorist organization CPI(Maoist). The division bench of Justices Sujit Narayan Prasad and Pradeep Kumar Srivastava emphasized the prima facie validity of the allegations, stating that the appellant’s association with the terrorist organization was corroborated during the investigation. The appeal, filed under Section 21(4) of the NIA Act, contested the rejection of regular bail by the Special Court.

Arguments:

The prosecution’s case originated from the arrest of the appellant, Kunwar Ganjhu, and two others, accused of collecting levies for the CPI(Maoist). The police, acting on credible information, apprehended them en route to delivering funds to the Maoist organization. The accused, identified as couriers, confessed to levy collection and passing police information to Maoist cadres. The Ministry of Home Affairs transferred the case to the NIA due to its severity.

Court’s Judgement:

The Jharkhand High Court, upholding the rejection of bail, considered the appellant’s criminal antecedents and direct aid to the Naxal outfit. The court expressed concerns about the potential adverse impact on the trial, including influencing witnesses and tampering with evidence. Emphasizing the appellant’s active nexus with the banned organization, the court concluded that his release from judicial custody was not warranted. The judgment affirmed the Special Court’s decision, stating no illegality in the rejection of bail.