Raju Kumar @ Raju Sahu, S/o Late Birendra Kumar Sahu v. Union of India through National Investigating Agency
2025-09-25
PRADEEP KUMAR SRIVASTAVA, RONGON MUKHOPADHYAY
body2025
DigiLaw.ai
JUDGMENT : 1. Heard Mr. R.S. mazumdar, learned senior counsel for the appellant and Mr. Amit Kumar Das, learned Spl. P.P. 2. This appeal is directed against the order dated 30-06-2025 passed by the learned Additional Judicial Commissioner-XVI- cum-Special Judge, NIA, Ranchi in Mis. Criminal Application No. 940 of 2025 corresponding to Special NIA Case No. 03/2022 arising out of Peshrar P.S. Case No. 05/2022 whereby and whereunder, the prayer for bail of the appellant has been rejected. 3. The prosecution case in brief is that an information was received by the Police that Ravindra Ganjhu, Regional Commander of CPI (Maoist), a proscribed terrorist organization along with active cadres of CPI (Maoist) Balram Oraon, Muneshwar Ganjhu, Balak Ganjhu, Dinesh Nagesia, Aghanu Ganjhu, Lajim Ansari, Markush Nagesia, Sanjay Nagesia, Sheela Kherwar, Lalita Devi and 45-50 other cadres had assembled in the forest area of Bulbul and were planning to execute an incident against the security forces and in the bauxite mines area and on such information, a team was constituted and extensive search operation was carried out. It has been alleged that on 17- 02-2022, while the search team was proceeding towards Bahabar Jungle, it was ambushed and fired upon indiscriminately by the extremists. On retaliation, the extremists had fled away. A search was conducted and several arms and ammunitions were recovered. The search continued on the next day, when the search team found 7-8 pitthu (backpack) bags and on search of the bags, incriminating articles were recovered. It has further been alleged that on 21-02-2022, one of the search team found a suspicious person at village Harkatta Toli and on being asked, he had revealed his name as Sanjay Nagesia (A-9) and from his personal search, Naxal literature, diaries, IED materials, IEDs were seized. It has also been alleged that the Police team had subsequently apprehended three other persons and from one of the persons, namely, Markush Nagesia (A-5) a backpack was recovered containing a combat dress, 15 rounds of 5.56mm live ammunition and Naxal literature. One Balram Oraon along with his three cadre members were also apprehended during the raid and on a search conducted, Rs. 2,09,050/- cash was recovered from him and on his disclosure, several other extremists were apprehended. Based on the aforesaid allegations, Peshrar P.S. Case No. 05/2022 was instituted. 4.
One Balram Oraon along with his three cadre members were also apprehended during the raid and on a search conducted, Rs. 2,09,050/- cash was recovered from him and on his disclosure, several other extremists were apprehended. Based on the aforesaid allegations, Peshrar P.S. Case No. 05/2022 was instituted. 4. The Central Government having regard to the gravity of the offence which involved a scheduled offence, decided that it is a fit case to be investigated by the National Investigation Agency in accordance with the National Investigation Act, 2008 and in exercise of the powers conferred under Sub-Section (5) of Section 6 read with Section 8 of the National Investigation Agency Act, 2008, the Central Government directed the National Investigation Agency to take up the investigation vide order F. No. 11011/45/2022/NIA dated 10-06-2022. Accordingly, in compliance of the above mentioned order, NIA re-registered the FIR as RC-02/2022/NIA/RNC under Sections 147, 148, 149, 307, 353, 414 IPC, Sections 25(1A), 25(1-B)a, 26, 27, 35 of Arms Act, Sections 3, 4 and 5 of Explosive Substances Act, 1908, Section 17 of the Criminal Law Amendment Act and Section 10, 13, 14, 15 and 18 of the Unlawful Activities (Prevention) Act, 1967 against 17 named accused persons and 30-35 unknown active armed cadres of the terrorist organization. 5. It has been submitted by Mr. R.S. Mazumdar, learned senior counsel for the appellant that the appellant has been implicated only on account of the fact that he has been categorized as a close associate of Ravindra Ganjhu. The appellant is in custody since 06-07-2023 and out of 186 charge sheet witnesses, only one witness has been examined so far which would indicate that there is no likelihood of the trial being concluded in the near future. 6. Mr. Amit Kumar Das, learned Spl. P.P.-NIA has submitted that protected witnesses have disclosed about the appellant providing logistic support to the armed cadres of the terrorist organization. The appellant was also involved in raising funds for the organization and had in direct or indirect way involved himself in subversive activities in association with the main accused Ravindra Ganjhu. 7. In the supplementary charge sheet, the role of the appellant who has been arrayed as A-29 is depicted in the following manner: “ 17.17:During investigation the role of accused Raju Kumar @ Raju Sahu(A-29) came up and offence against him established is as under: - ?
7. In the supplementary charge sheet, the role of the appellant who has been arrayed as A-29 is depicted in the following manner: “ 17.17:During investigation the role of accused Raju Kumar @ Raju Sahu(A-29) came up and offence against him established is as under: - ? Accused Raju Kumar @ Raju Sahu (A-29) is a close associate of accused Ravindra Ganjhu(A-20), Regional Commander of CPI (Maoist), a proscribed terrorist organization. A-29 is a member of CPI (Maoist). ? Before the commission of the instant crime, A-29 went to Bulbul Forest area along with Sajan Kumar Bhuiyan (A-17) and provided wire and other materials to Ravindra Ganjhu (A-20), a Regional Committee Member (RCM) of CPI (Maoist), a proscribed terrorist organization. ? Raju Kumar @ Raju Sahu (A-29), with the help of his associate/co-accused Sajan Kumar Bhuiyan (A-17), possessed arms/ammunition at his brick kiln and provided logistics support to accused Ravindra Ganjhu (A-20). ? Raju Kumar @ Raju Sahu (A-29) was also involved in raising of funds for proscribed terrorist organization CPI(Maoist), with the association of Ravindra Ganjhu (A-20). ? Raju Kumar @ Raju Sahu (A-29) also used terror proceeds for construction of new house of accused Ravindra Ganjhu (A-20) and conducted meeting with Ravindra Ganjhu (A-20) in the same house. ? After the commission of the instant crime, Raju Kumar @ Raju Sahu (A-29) along with his staff/ co-accused Sajan Kumar Bhuiyan (A-17), provided safe shelter to absconding accused Ravindra Ganjhu (A-20) at his brick kiln located in forest area of Lohardaga and Latehar. Therefore, as per averments made in pre-para, it is established that Raju Kumar @ Raju Sahu (A-29) being a member of CPI (Maoist) conspired with co-accused Ravindra Ganjhu (A- 20) and Sajan Kumar Bhuiyan (A-17), with an intention to provide support to the armed cadres of CPI (Maoist), a proscribed terrorist organization/prime accused of the instant case and A-29 was involved in waging war against Government of India. A-29 was also involved in risaing of funds for terrorist organization with the association of A-20. Raju Kumar @ Raju Sahu (A- 29) song with co-accused Sajan Kumar Bhuiyan (A-17) voluntariiy harboured /concealed Ravindra Ganjhu (A-20) and other armed cadres of CPI (Maoist) knowing that they are members of a banned terrorist organization. A-29 also possessed arms, ammunition.
A-29 was also involved in risaing of funds for terrorist organization with the association of A-20. Raju Kumar @ Raju Sahu (A- 29) song with co-accused Sajan Kumar Bhuiyan (A-17) voluntariiy harboured /concealed Ravindra Ganjhu (A-20) and other armed cadres of CPI (Maoist) knowing that they are members of a banned terrorist organization. A-29 also possessed arms, ammunition. There by, Raju Kumar @ Raju Sahu (A-29) committed offences under sections 120B, 121, 121A of the IPC, Sec 25(1-B) & 35 of the Arms Act, Section 17, 18, 19, 20, 38 & 39 of the Unlawful Activities (Prevention) Act, 1967.” 8. The aforesaid would indicate that in all spheres of the working of the terrorist organization, the involvement of the appellant is apparent. The brick kiln of the appellant was used as a front for keeping arms and ammunition as well as providing shelter to Ravindra Ganjhu. The material collected by the investigating agency makes out a prime facie case against the appellant under Section 43(D)(5) of the UA(P) Act. Though 186 witnesses have been cited in the charge sheet, but Mr. Das, learned Special P.P.-NIA has submitted about pruning down the number of witnesses in course of the trial. It further appears that the appellant is a man of criminal antecedents as noted in para 17.15 of the supplementary charge sheet. 9. Thus, on consideration of the entire aspects of the case, we do not find any reason to interfere in the impugned order dated 30-06-2025 passed by the learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi in Misc. Criminal Application No. 940/25 corresponding to Special NIA Case No. 03/2022 arising out of Peshrar PS Case No. 05/2022 and consequently, we dismiss this appeal. 10. Pending I.A.s, if any, stands closed.