Jharkhand High Court
Jahiruddin Ansari vs Union Of India Through National ... on 3 January, 2023
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 51 of 2022
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Jahiruddin Ansari, S/o Mubarak Ansari, R/o Village Kanbhita, P.O. + P.S. Mandar, District- Ranchi, Jharkhand. ... ... Appellant Versus Union of India through National Investigation Agency ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellant : Mr. Vikram Sinha, Advocate For the Respondent-NIA : Mr. A.K. Das, Spl. P.P.
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09/03.01.2023 Heard Mr. Vikram Sinha, learned counsel for the appellant and Mr. A.K. Das, learned Special P.P. for the NIA, Ranchi.
2. This appeal is directed against the order dated 14.12.2021 passed by Sri Madhuresh Kumar Verma, learned AJC-XVI-cum-Special Judge, NIA, Ranchi in Criminal Misc. Application No. 456/2021, arising out of Special (NIA) Case No. 01/2021 (R.C. Case No. 02/2021/NIA/RNC) initially registered as Balumath P.S. Case No. 234/2020, whereby and whereunder the prayer for bail of the appellant has been rejected.
3. The First Information Report is based on the self statement of Rana Bhanu Pratap Singh, Sub-Inspector of Police dated 19.12.2020, wherein it has been alleged that on 18.12.2020 at about 7:00 P.M. information was received at Balumath P.S. that some unknown persons were burning vehicles while firing indiscriminately near Check- post No. 1 of Tetariyakhad Colliery. The assailants had fired at the Police party which had rushed to the spot. It has been alleged that from the place of occurrence burnt vehicles, fragments of can bomb with wire, a white coloured empty gallon of plastic, spent cartridges, three hand written pamphlets issuing threats to the transporters and coal companies involved in mining etc. were found at the spot. It -2- has also been alleged that gangsters Sujit Sinha and Aman Sao had conspired with Pradeep Ganjhu and his associates namely, Santosh Ganjhu, Bihari Ganjhu, Sakendra Ganjhu, Pramod Ganjhu and others for extortion and disruption of government work.
Based on the aforesaid allegations Balumath P.S. Case No. 234/2020 was registered for the offences punishable under Sections 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B of the I.P.C., Section 27 of the Arms Act and Sections 3/4 of the Explosive Substances Act. The Government of India, Ministry of Home Affairs, CTCR Division, New Delhi vide order F. No. 11011/15/2021/NIA dated 03.03.2021, in terms of sub- Section (5) of Section 6 read with Section 8 of the National Investigation Agency Act, 2008 had handed over the investigation of Balumath P.S. Case No. 234/2020 to the National Investigation Agency consequent to which the First Information Report was re-registered as NIA Case No. RC-01/2021/NIA/RNC under Sections 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B, 121A, 216 of the I.P.C., Sections 25(1)(b), 26, 27 and 35 of the Arms Act, Sections 3/4 of the Explosive Substances Act, Section 17 of the Criminal Law Amendment Act and Sections 10, 13, 16(1)(b), 20 and 23 of the Unlawful Activities (Prevention) Act (hereinafter referred to as UAP Act for the sake of brevity). On completion of investigation charge-sheet was submitted by the NIA against the appellant and others.
4. It has been submitted by Mr. Vikram Sinha, learned counsel for the appellant that admittedly the appellant was not involved in the incident which had occurred at Tetariyakhad Colliery. It has been submitted that the appellant has been implicated as he had facilitated the picking up of Shahrukh Ansari and Pradip Ganjhu from Bijupara Chowk, their stay at night and they being dropped near Gumla Petrol Pump, Booty More, Ranchi for their -3- onward journey. It has been submitted that in course of investigation nothing has come to indicate that the appellant was involved in a terrorist act. Even if it is alleged that the appellant was harboring terrorists but there is nothing to show that the appellant was knowing about the activities of the accused who were purportedly given shelter by the appellant.
5. Mr. A.K. Das, learned Special P.P. for the NIA has submitted that the appellant had taken active part in the incident of firing and arson at Tetariyakhad Colliery. It has been submitted that the house of the appellant was raided and the arms and ammunition used in Tetariyakhad Colliery incident was seized. Apart from such seizure the appellant was instrumental in facilitating a safe passage for Shahrukh Ansari and Pradip Ganjhu and the entire scenario depicts a prima facie case made out against the appellant as envisaged in Section 43-D(5) of the UAP Act which has been appropriately considered by the learned court below while refusing bail to the appellant.
6. We have considered the rival submissions and have also perused the various affidavits on record.
The role played by the appellant have been depicted in the charge-sheet submitted by the NIA in paragraphs 17.11 and 17.23 which reads as follows:
"17.11 During the investigation by NIA, the Police custody remand of accused Ajay Turi (A-9), Jasim Ansari (A-14) and his brother Wasim Ansari (A-15) was obtained w.e.f. 21.05.2021 to 25.05.2021. During the investigation, the said accused also disclosed their role in this criminal conspiracy. In presence of the independent witnesses, Ajay Turi (A-9) disclosed that on the direction of Pradip Ganjhu (A-3) and his brother Babulal Turi (A-8), he wrote threatening pamphlets which were dropped during terrorist attack at Tetariyakhad on 18.12.2020. He further pointed out the shops from where he alongwith Bihari Ganjhu (A-5) purchased wire, Battery of Motorcycle from Mccluskigunj district Ranchi and Petrol with gallons from a place called Bhangiya.-4-
The same were used in Tetarikhand incident for the arson purpose. Accused Wasim Ansari (A-15) also pointed out of the places in presence of independent witnesses from where Wasim Ansari (A-15) received the Arms and ammunition on the instructions of Shahrukh Ansari. He also pointed out the place where Pradip Ganjhu (A-3) and Shahrukh Ansari stayed for the night at Kumba (Temporary hut) with accused Majibul Ansari (A-
16) and Jahiruddin Ansari (A-17). Both Jasim Ansari (A-14) and Wasim Ansari (A-15) also pointed out the places where they kept the weapons concealed, which were provided to them by accused Shahrukh @ Tiwari Khan after the Tetariyakhad incident.
17.23 Investigation brought out that next day on 19.12.2020, on the direction of Sujit Sinha and Aman Sahu, this gang also carried out another terror incident and drops similar Pamphlets in Coal siding, Arrah Chamatu as Pramod Kumar Sahu, Site Incharge of Chennai Radha Engineering Works Pvt. Ltd. was not paying the desired extortion to this gang. On the same day, on the direction of Aman Sahu (A-2), Pradip Ganjhu (A-3) and Shahrukh Ansari left for Purnea Bihar as he had made arrangements for their escape. Pradip Ganjhu and Shahrukh took weapons and left for Ranchi. While on the way to Ranchi, Shahrukh contacted his relative Wasim Ansari and Jasim Ansari and asked to send a vehicle at Bijupara Chowk. On the direction of Wasim Ansari, another accused Mujibul Ansari (A-16) along with a driver Firdous Ansari picked accused Shahrukh Ansari and Pradip Ganjhu from Bijupara Chowk in an Omini Van and brought them to Wasim Ansari's house at village- Kanbhita. Both Pradip Ganjhu and Shahrukh Ansari stayed for the night with Mijibul Ansari and Jahiruddin Ansari at a Kumba (temporary hut) outside the village in a farm land. On 20.12.2020, Wasim Ansari (A-15) arranged their Bus Tickets through Majibul Ansari (A-16) from Ranchi to Purnea. In the evening on the same day, accused Shahrukh Ansari and Pradip Ganjhu were dropped at Gumla Petrol Pump, Buti Mor, Ranchi by Wasim Ansari and Majibul Ansari through same Omini Van from where they boarded in bus moving to Purnea, Bihar."
It has also been noted at para 17.6 which read as follows:
-5-"17.6 Investigation brought out that accused Pradip Ganjhu confessed before the Balumath police that after the terrorist incident at Tetariyakhad Colliery on 18.12.2020, he alongwith accused Shahrukh Ansari @ Tiwari Khan with arms and ammunition went to accused Jasim Ansari (A-14) and Wasim Ansari (A-15), both cousin of accused Shahrukh Ansari @ Tiwari Khan at village Kanbhita, PS Mandar, District Ranchi. They stayed for the night in village Kanbhita with the assistance of accused Majibul Ansari (A-16) and Jahiruddin Ansari (A-
17) at a safe place to avoid their arrest. On 20.12.2020, both Pradip Ganjhu (A-3) and Shahrukh Ansari @ Tiwari Khan kept their arms and ammunition with accused Wasim Ansari, Jasim Ansari, Majibul Ansari and Jahiruddin Ansari for safe custody. They left Kanbhita to Ranchi and further to Bihar by bus. On 08.02.2021, Balumath police raided the houses of accused Wasim Ansari, Jasim Ansari, Majibul Ansari and Jahiruddin Ansari and seized the arms and ammunition used in the Tetariyakhad incident on their instances. Subsequently, they were arrested by Balumath police in the instant case."
7. What has surfaced from the investigation conducted by the NIA is of harboring the accused Shahrukh Ansari @ Tiwari Khan and Pradip Ganjhu and of some arms and ammunitions seized from them and it is said that the seized arms and ammunitions were used in the Tetariyakhad incident. It is an admitted fact which has come to light in course of investigation that the appellant did not actively participate in the Tetariyakhad incident and was only facilitating the escape of Shahrukh Ansari and Pradip Ganjhu. There also appears to be unawareness on the part of the appellant regarding the involvement of the said persons in terrorist activities. So far as the recovery of arms and ammunitions at the instance of the appellant is concerned, the same also seems to be on account of Shahrukh Ansari and Pradip Ganjhu handing it over to the appellant and the co-accused for their safe custody.
-6-8. This Court while granting bail to one of the co- accused namely, Santosh Kumar @ Banti Yadav in Criminal Appeal (D.B.) No. 98 of 2022, had held as follows:
"In the entire charge-sheet, what has transpired against the appellant is of giving shelter to Pradeep Ganjhu and Shahrukh Ansari who were sent to the appellant by Moti Yadav. There is no material of substance to show that the appellant was aware or was "knowing" prior to giving shelter to Pradeep Ganjhu and Shahrukh Ansari that they were involved in terrorist activities though a case has been sought to be made out that the subsequent arrest of the appellant and others including Pradeep Ganjhu and Shahrukh Ansari reveals the nexus between the appellant and Pradeep Ganjhu and Shahrukh Ansari which was the predominant reason for harbouring both the terrorists thus making the awareness of the appellant imperative to the status of those two accused persons. Another factor which has been highlighted in the counter affidavit of the NIA is the extracted data of the mobile phone seized from the possession of the appellant which reveals photograph of weapons and newspaper cuttings related to Sujit Sinha and Aman Sahu gang. None of the factors enumerated above would accentuate the allegations made against the appellant of harbouring terrorists "knowing"
the fact that they were terrorists."
9. The role and activities attributed to the appellant does not make out a prima facie case as envisaged u/s 43- D(5) of the UAP Act to deny bail to the appellant. Moreover, it seems that there are a large number of witnesses to be examined and the appellant is in custody since 08.02.2021.
10. The entire facets of the case having not been properly appreciated by the learned court below, we hereby set aside the impugned order dated 14.12.2021 passed by Sri Madhuresh Kumar Verma, learned AJC-XVI-cum- Special Judge, NIA, Ranchi in Criminal Misc. Application No. 456/2021, arising out of Special (NIA) Case No. 01/2021 (R.C. Case No. 02/2021/NIA/RNC) initially registered as Balumath P.S. Case No. 234/2020 and direct that the appellant shall be released on bail on furnishing -7- bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned AJC-XVI-cum-Special Judge, NIA, Ranchi in connection with Criminal Misc. Application No. 456/2021, arising out of Special (NIA) Case No. 01/2021 (R.C. Case No. 02/2021/NIA/RNC) initially registered as Balumath P.S. Case No. 234/2020.
11. This appeal is allowed.
(Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) Alok/-