Jharkhand High Court
Prem Vikash @ Mantu Singh vs Union Of India Through National … on 5 March, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 508 of 2024
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Prem Vikash @ Mantu Singh, S/o Santnarayan Das, R/o
Kumrangkalan, P.O. Tandwa, P.S. Tandwa, District
Chatra, Jharkhand ... ... Appellant
Versus
Union of India through National Investigating Agency
having its office at N.I.A. Camp office, Quarter No. 305,
Sector-II, P.O. Dhurwa, P.S. Dhurwa, District Ranchi,
Jharkhand ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. Indrajit Sinha, Adv.
For the Respondent-NIA : Mr. A.K. Das, Spl. P.P.
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Order No. 05/Dated 5th March, 2025
Per Rongon Mukhopadhyay, J.
Heard Mr. Indrajit Sinha, learned counsel for the
appellant and Mr. A.K. Das, learned Special P.P. for the
respondent-NIA, Ranchi.
2. This appeal is directed against the order dated
10.04.2024 passed in Misc. Criminal Application No.
585/2014, in connection with Special (NIA) Case No.
03/2018, corresponding to R.C. Case No. 06/2018/
NIA/DLI, arising out of Tandwa P.S. Case No. 02/2016 by
Sri Madhuresh Kumar Verma, learned AJC-XVI-cum-
Special Judge, NIA, Ranchi, whereby and whereunder the
prayer for bail of the appellant has been rejected.
3. A written report was submitted by Ramdhari
Singh, Sub Inspector of Police, posted at Simaria P.S. to the
effect that on 10.01.2016 a secret information was received
by the Superintendent of Police that in Amrapali Magadh
Coal area in Tandwa some local people have formed an
association which is related to the banned extremist outfit
TPC. The members of such association were extracting levy
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from coal traders and DO holders by creating fear in the
name of the extremists of TPC, namely Gopal Singh Bhokta
@ Brijesh Ganjhu, Mukesh Ganjhu, Kohram Ji, Akraman Ji
@ Ravindra Ganjhu, Anischay Ganjhu, Bhikan Ganjhu,
Deepu Singh @ Bhikan and Bindu Ghanju. It was also
alleged that if any businessmen hesitates to pay levy, they
are threatened by members of such organization and are
also subjected to hardships. In order to verify the
truthfulness or otherwise of such information a raiding
party was constituted on the orders of the Superintendent
of Police, Chatra. A raid was conducted in the house of the
President of the association Binod Kumar Ganjhu and from
under his bed as well as from an almirah Rs. 91,75,890/-
was recovered. No satisfactory explanation could be
submitted by Binod Kumar Ganjhu with respect to the
recovery of such a huge amount of cash. From the house of
Binod Kumar Ganjhu two persons were also apprehended
who disclosed their names as Birbal Ganjhu and Munesh
Ganjhu and on search of their persons a loaded Mauser
pistol was recovered from the possession of Birbal Ganjhu
while from the possession of Munesh Ganjhu a country
made pistol and two live cartridges were recovered. Both
had confessed of being associated with TPC organization.
Binod Ganjhu had disclosed that he is the President of
“Magadh Sanchalan Samittee” and the levy collected is sent
to Gopal Singh Bhogta @ Brijesh Ganjhu and thereafter it
is distributed between Mukesh Ganjhu, Kohramji,
Akramanji @ Ravindra Ganjhu, Anischyaji, Bhikan Ganjhu
and Deepu Singh @ Bhikan. He had further disclosed that
Bindu Ganjhu is a member of “Amrapali Sanchalan
Samittee” who collects levy on behalf of TPC and since he is
at present in Jail the collection of levy is being done by
Pradeep Ram. On such information a raid was conducted
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in the house of Pradeep Ram and from under his bed as
well as from an almirah Rs. 57,57,710/- in cash was
recovered. No satisfactory explanation could be given by
Pradeep Ram with respect to the cash recovered.
4. Based on the aforesaid allegations Tandwa P.S.
Case No. 02 of 2016 was instituted for the offences under
Sections 414, 384, 386, 387, 120B of the I.P.C., Section
25(1-b)(a), 26/35 of the Arms Act and Section 17 (1)(2) of
Criminal Law Amendment Act against Binod Kumar
Ganjhu, Munesh Ganjhu, Pradeep Ram, Birbal Ganjhu,
Gopal Singh Bhokta @ Brijesh Ganjhu, Mukesh Ganjhu,
Kohramji, Akramanji @ Ravindra Ganjhu, Anischya
Ganjhu, Deepu Singh @ Bhikan, Bindu Ganjhu @
Bindeshwar Ganjhu and Bhikan Ganjhu.
On 10.03.2016 charge sheet was submitted
against the other accused persons before the learned Chief
Judicial Magistrate, Chatra. On 09.04.2017 on the prayer
made by the Investigating Officer offences under Sections
16, 17, 20 and 23 of the Unlawful Activities (Prevention)
Act, 1967 (herein after referred to as the UAP Act for the
sake of brevity) were added. Since the offences involved a
scheduled offence, in exercise of powers conferred u/s 6(3)
read with Section 8 of the National Investigation Agency,
Act 2008, the Central Government vide order dated
13.02.2018 had directed the National Investigation Agency
to take up the investigation of the case consequent to
which Tandwa P.S. Case No. 02 of 2016 was reregistered as
NIA Case No. RC-06/2018/NIA/DLI.
The first supplementary charge sheet bearing
Charge Sheet No. 32/2018 was filed by the NIA on
21.12.2018.
5. It has been submitted by Mr. Indrajit Sinha,
learned counsel for the appellant that after the prayer for
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bail of the appellant was dismissed by this Court the
appellant had moved the Hon’ble Supreme Court in which
a liberty was given to the appellant that if there is an
unnecessary delay in the conclusion of trial the appellant
may move before the learned trial court seeking grant of
bail. It has been submitted by the learned counsel for the
appellant that the appellant is a registered government
contractor. The appellant and Subhan Mian were actively
involved in facilitating the running of the colliery and lifting
and transporting of coal and co-accused Subhan Mian has
been granted bail by this Court in Criminal Appeal (D.B.)
No. 394 of 2021. In fact, several of the co-accused persons
have been granted bail by this Court. It has been submitted
that the appellant is in custody since 19.09.2019 and the
trial has till date not been concluded.
6. Mr. A.K. Das, learned Special P.P. for the NIA
has submitted that in course of investigation it has come to
light that the appellant being the President of the Village
Committee of Kumarkalan village in connivance with
Bindeswar Ganjhu @ Bindu Ganjhu used to maintain the
accounts of collection of levy which was collected from the
transporters and coal companies as per direction of
Akraman Ji @ Ravindra Ganjhu. The appellant was
associated with the top leaders of the terrorist organization
TPC in order to extract levy from the coal transporters. It
has been submitted that the trial is its fag end and
considering the fact that there is no new ground for
reconsideration of the prayer for bail of the appellant the
present appeal is liable to be dismissed.
7. The appellant has been arrayed as A-11 in the
first supplementary charge-sheet and the role and activities
of the appellant has been depicted in para 17.22 of the said
charge-sheet which reads as follows:
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“17.22 Role and activities of/offences
established against Mantu Singh @ Prem
Vikash (A-11): Therefore, as per the averments
made hereinabove / in the pre-paragraphs, it is
established that he is president of village
committee of village Kumarkalan. He along with
A-5 used to keep account of collection of levy as
per direction of A-14. He, being member of
terrorist gang, was closely associated with top
leaders of the gang and used to extort levy from
coal transporters/contractors and raised funds for
the terrorist gang. Therefore, it is established that
Mantu Singh @ Prem Vikas (A-11), by becoming
member of terrorist gang/unlawful association
TPC, proscribed by Government of Jharkhand,
assisted in the operations/management of TPC in
criminal conspiracy with members of the terrorist
gang including A-5, A-14 with intent to aid the
above said terrorist gang collected funds from
illegitimate sources through extortion from the
contractors/coal traders/coal transporters.
Thereby accused Mantu Singh @ Prem Vikash (A-
11) committed offences under sections 120B r/w
384, 387 and 411 of the I.P.C., Sections 17, 18,
and 20 of the UA(P) Act, Section 17 of the CLA Act,
1908.”
8. The appellant had moved this Court for grant of
bail in Cr. Appeal (D.B.) No. 371 of 2020 but the same was
dismissed vide order dated 07.02.2023 against which the
appellant had moved the Hon’ble Supreme Court in Special
Leave to Appeal (Crl.) No(s). 6930/2023 and vide order
dated 03.07.2023 the same was dismissed as withdrawn
with a liberty to renew the prayer for bail in case the trial is
not completed within the period of one year as directed on
28.11.2022 in the case of a co-accused. The appellant had
once again sought for bail in Miscellaneous Application No.
2659/2023 which was disposed of on 12.01.2024 with a
liberty to the appellant to renew his prayer for bail before
the learned trial court if there is an unnecessary delay in
concluding the trial.
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9. In the case of “Union of India versus K.A.
Najeeb“, reported in (2021) 3 SCC 713, it has been held as
follows:
“17. It is thus clear to us that the
presence of statutory restrictions like Section 43-
D(5) of the UAPA per se does not oust the ability of
the constitutional courts to grant bail on grounds of
violation of Part III of the Constitution. Indeed, both
the restrictions under a statute as well as the
powers exercisable under constitutional jurisdiction
can be well harmonised. Whereas at
commencement of proceedings, the courts are
expected to appreciate the legislative policy against
grant of bail but the rigours of such provisions will
melt down where there is no likelihood of trial being
completed within a reasonable time and the period
of incarceration already undergone has exceeded a
substantial part of the prescribed sentence. Such an
approach would safeguard against the possibility of
provisions like Section 43-D(5) of the UAPA being
used as the sole metric for denial of bail or for
wholesale breach of constitutional right to speedy
trial.”
10. In “Vinod Kumar Ganjhu @ Binod Ganjhu @ Binod
Kumar Ganjhu versus State through National Investigation
Agency, Ranchi” in Criminal Appeal (D.B.) No. 1019 of 2018
while granting bail this Court had also taken into
consideration the period of custody of the appellant in the
following manner:
“16. The appellant is in custody since
30.06.2018 and is on the verge of completion of 6
years in custody. The long incarceration of the
appellant would also be a dominant feature while
considering grant of bail apart from the fact that the
trial has not yet been concluded which have been
taken into consideration in the case of “Union of
India Vs. K. A. Najeeb” (supra) noted above.”
11. Another of the co-accused namely, Birbal
Ganjhu has been granted bail by this Court in Criminal
Appeal (DB) No. 159 of 2023 considering the period of
incarceration of the said appellant.
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12. As is evident the appellant is in custody since
19.09.2019 i.e. 5 years 6 months and the trial till date has
not been concluded. On consideration of the long
incarceration of the appellant in custody, the impugned
order dated 10.04.2024 passed in Misc. Criminal
Application No. 585/2014, in connection with Special (NIA)
Case No. 03/2018, corresponding to R.C. Case No.
06/2018/ NIA/DLI, arising out of Tandwa P.S. Case No.
02/2016 by Sri Madhuresh Kumar Verma, learned AJC-
XVI-cum-Special Judge, NIA, Ranchi is hereby set aside
and the appellant is directed to be released on bail on
furnishing 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 Special (NIA) Case No. 03/
2018, corresponding to R.C. Case No. 06/2018/NIA/DLI,
arising out of Tandwa P.S. Case No. 02/2016, subject to
the condition that the appellant shall remain physically
present before the learned trial court on each and every
date till the conclusion of the trial.
13. This appeal is allowed.
14. Pending I.A.s., if any, stands closed.
(Rongon Mukhopadhyay, J.)
(Rajesh Kumar, J.)
A. Sanga/-
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