Akash Kumar Alias Akash Sahu Vs the Union of India through Nia

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Neutral Citation 2025:JHHC:28128-DB

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 669 of 2025

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Akash Kumar @ Akash Sahu, S/o Niranjan Prasad Sao, R/o Vill- Matwe, P.O. & P.S.- Budmu, Dist.- Ranchi.

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... Appellant

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Versus

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The Union of India through NIA … Respondent

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PRESENT

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HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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---For the Appellant : Mr. Hemant Kr. Shikarwar, Adv. For the Resp.-NIA : Mr. Amit Kumar Das, Spl. P.P.-NIA

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Dated : 12/09/2025

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1. Heard Mr. H.K. Shikharwar, learned counsel for the appellant and Mr. Amit Kumar Das, learned Special P.P.-NIA. 2. This appeal is directed against the order dated 23-05-2025 passed by the learned Additional Judicial Commissioner-XVI cum Special Judge, NIA at Ranchi in connection with Misc. Criminal Application No. 749/25 in Special (NIA) Case No. 01/21 arising out of RC-01/2021/NIA/RNC 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

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written pamphlets issuing threats to the transporters and coal companies involved in mining etc. were found at the spot. It 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.

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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, 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 reregistered 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. H.K. Shikharwar, learned counsel for the appellant that the appellant has been implicated on suspicion that he is a member of the Aman Sahu and Sujit Sinha gang, without there being any material available supportive of such fact. The money which was sent to the

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appellant by Vikas Anand Ojha alias Abhishek and Ajay Turi was meant for meeting the legal expenses. The allegation of Rs. 17 lakhs being sent by the appellant to Shankar Yadav was not extortion money, but was sent as repayment of loan. The innocence of the appellant is evident from the fact that his name figured in the fourth supplementary charge sheet submitted by the NIA. It has been submitted that the appellant and Shankar Yadav were business partners and there is nothing unnatural if the appellant and Shankar Yadav were in conversation frequently over phone. Whatever evidence has been gathered by the Investigating Officer is circumstantial in nature and, therefore, the appellant deserves to be released on bail. 5. Mr. Amit Kumar Das, learned Spl. P.P.-NIA has submitted that the appellant had opened a firm in the name of Kiran Enterprises and co-accused Shankar Yadav had opened a firm styled M/s Om Sai Trading & Construction Company and several transactions had taken place between both the firms which was with a view to rotate extorted money and create a front for the same. The appellant was instrumental in utilizing such extorted money in a residential project in Tupudana. The appellant was also found to be using a Toyota Fortuner belonging to Aman Sahu. It has been submitted that as per the statements of protected witnesses, the Sujit Sinha gang and Aman Sahu gang had contacted them and consequently, extortion money was deposited in M/s Kiran Enterprises owned by the appellant. Mr. Das has submitted that since a prima facie case is made out against the appellant, the embargo under Section 43D(5) of the Unlawful Activities (Prevention) Act will come into play and, therefore, the present appeal is liable to be dismissed. 6. We have heard the learned counsel for the respective sides and also have perused the various affidavits filed by them. 7. The name of the appellant figures in the fourth

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supplementary charge sheet because of certain substance unearthed during investigation and the gist of the findings recorded in the third supplementary charge sheet has been mentioned in the fourth supplementary charge sheet which reads as follows:

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17.4: RELEVANT FINDINGS IN 3RD SUPPLEMENTARY CHARGE SHEET AGAINST AKASH KUMAR @ AKASH

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SAHU (A-30) :-

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17.4.1 During his custodial examination, Shankar Yadav (A-29) revealed that he is close to the family of Aman Sahu. Through Shankar Yadav (A-29), Akash Kumar @ Akash Sahu (A-30) opened a bank account and registered a proprietorship firm M/s Kiran Enterprises in Bhagalpur, Bihar.

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17.4.2 It was also revealed in the statement of Bharat Kumar Jha that Shankar Yadav (A-29) used to manage the business of M/s Kiran Enterprises on the directions of Akash Kumar @ Akash Sahu (A-30), and did not disclose the details of the operations business of M/s Kiran Enterprises to any staff employed by him in his own business.

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17.4.3 Akash Kumar @ Akash Sahu (A-30) and Shankar Yadav (A-29) were using firms as a false front to rotate the funds of the terror gang. Investigation revealed that Shankar Yadav opened firm named M/s Kiran Enterprises (GSTIN: 10HPYPK9276J17Z) in the name of Akash Kumar @ Akash Sahu as proprietor. The other firm was M/s Om Sai Trading and Construction Company, owned by the accused Shankar Yadav (A29). Both the firms were situated at the same premises. It was confirmed in the scrutiny of the relevant bank statements that Shankar Yadav (A-29) had carried out

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several transactions to the bank account of Akash Kumar @ Akash Sahu (A-30).

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17.4.4 The electronic items i.e. mobile phones, sim cards etc seized from the house search and from the personal search of accused Shankar Yadav (A-29) were forwarded to CFSL, New Delhi for forensic analysis. During scrutiny it was revealed that multiple chats and calls were held between accused Shankar Yadav (A-29) and accused Akash Kumar @ Akash Sahu (A-30) about activities of Aman Sahu (A-2) from Jail.

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17.4.5 During the investigation, it was also revealed that Shankar Yadav (A-29) and Akash Kumar @ Akash Sahu (A-30) had been utilising the illicit funds gained from extortion to invest in one residential project in Tupudana, Ranchi named Maa Sharda Enclave Apartments. Several witnesses, namely Irfan Khan (PW-249), Pappu Kumar (PW-250), Santosh Prasad (PW-253) and Akbar Hussain (PW-254), have confirmed that both Shankar Yadav (A-29) and Akash Kumar @ Akash Sahu (A-30) were overseeing the construction work and making payments for the same.

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17.4.6 On 19.06.2024, a search was conducted at the house of Aman Sahu (A-2), in which a Toyota Fortuner vehicle bearing registration number JH01EV4900 which was being used by Akash Kumar @ Akash Sahu (A-30) was seized.

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8. The statement of the protected witnesses also finds reference in the fourth supplementary charge sheet which reads as under:

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17.4.8 A statement of Protected Witness 'L' u/s 164 Cr.P.C recorded before the Ld. Special Court, NIA on 11.07.2024, reveals that members of the 'Sujit Sinha

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and Aman Sahu Gang demanded payment of extortion into the account of M/s Kiran Enterprises, owned by Akash Kumar @ Akash Sahu (A-30). The witness stated that they were attacked and threatened by the gang members to create such terror in their mind, that extortion money is paid into the bank account of M/s Kiran Enterprises. Threat calls were made to them using virtual numbers.

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17.4.9 A statement of Protected Witness 'N' u/s 164 Cr.P.C recorded before the Ld. Special Court, NIA on 31.07.2024, reveals that Aman Sahu (A-2) has been operating his gang while being incarcerated and out of jail all of his money and extortion business is being managed by Akash Kumar @ Akash Sahu (A-30). He further disclosed that Akash Kumar @ Akash Sahu (A30) uses the extortion money to invest in immovable and movable properties in Jharkhand and Bihar. According to the witness, Akash Kumar @ Akash Sahu (A-30) is being assisted by Jai Shankar Dubey @ Rahul Dubey in running the extortion business, and they have also purchased a Scorpio vehicle from the extortion funds to operate the terrorist activities of the gang.

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9. The role and activities of the appellant in the entire offence has been demarcated in the following manner:

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17.6: FINDINGS OF THE INVESTIGATION pursuant to

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ARREST OF ACCUSED AKASH KUMAR @ AKASH SAHU

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(A-30):-

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17.6.1 Based on the inculpatory facts revealed during the investigation preceding the 3rd Supplementary Charge Sheet, Akash Kumar @ Akash Sahu (A-30) was arraigned in this case as an accused and arrested by the NIA on 06.08.2024. All due

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procedures were followed during the arrest, and accused Akash Kumar @ Akash Sahu (A-30) was communicated and provided a memo of the grounds on which he was being arrested.

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17.6.2 During his examination on 06.08.2024, the accused Akash Kumar @ Akash Sahu (A-30) acknowledged that his brother, accused Aman Sahu (A2) is a gangster and runs a criminal gang, and during his visits to his brother in jail he got associated with Jai Shankar Dubey @ Rahul Dubey. During one of these visits, accused Aman Sahu (A-2) told accused Akash Kumar @ Akash Sahu (A-30) that he runs his gang from jail by giving instructions to the members of his gang. Aman Sahu (A-2) he further asked Akash Kumar @ Akash Sahu (A-30) to take care of the nefarious activities of his gang from outside the jail. Aman Sahu (A-2) used to communicate with Akash Kumar @ Akash Sahu (A-30) via his gang members, and Akash did not communicate with him directly regarding the criminal activities of the gang but through messengers of the gang. Akash Kumar @ Akash Sahu (A-30) thus kept operating the gang under the instructions of Aman Sahu (A-2). It was under the instructions of Aman Sahu (A-2) that Akash Kumar @ Akash Sahu (A-30) had transactions with other gang members, including coaccused in this case Vikash Anand Ojha @ Abhishek (A-26) and Ajay Turi (A-9) regarding the ill-gotten funds from extortion/levy. To not leave no money trail of the transactions, these transactions were only made mostly in cash. He further revealed that with the funds amassed from Aman Sahu Gang's extortion activities, he started making investments in real estate.

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17.6.3 A personal search of the accused Akash Kumar @ Akash Sahu (A-30) was conducted in which the following was recovered:

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1. One Blue/Black colour iPhone mobile phone of Apple company, iPhone 13 model, Model No. MLPF3HN/A, Serial No. YQ362PV2P4 bearing IMEI 353874234495738 & 353874234591361 having one JIO sim and one Airtel e-sim.

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17.6.5 his custodial on During interrogation 12.08.2024, Akash Kumar @ Akash Sahu (A-30) disclosed that earlier, from jail Aman Sahu (A-2) used to instruct Akash Kumar @Akash Sahu (A-30) to make transfers via bank accounts / Phone-pe to certain accounts/numbers belonging to Vikash Anand @ Abhishek (A-26), Ajay Turi (A-9) which the accused Akash Kumar @ Akash Sahu (A-30) did through his bank account No. 0977000100190493 in Punjab National Bank. Akash Kumar @ Akash Sahu (A-30) disclosed that during 2018-2020, accused Aman Sahu (A-2) used to have the money from extortion deposited in the abovementioned bank account in tranches of Rupees Forty Thousand (Rs 40,000/-) each month to avoid suspicion. These deposits were made in cash only to avoid tracing the source of these funds. Hence, he acknowledged that he held the proceeds of extortion/levy of the terror gang in his bank account. 17.6.6 Further On his association with accused Shankar Yadav (A-29). Akash Kumar @Akash Sahu (A30) revealed that he has known Shankar Yadav (A-29) since March/April of 2022. He revealed that Aman Sahu (A-2) had escaped the lock-up at Hazaribagh's Badkagaon P.S. in 2019 and fled to Bihar and sought

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shelter in Katihar and Bhagalpur. It was during this time that Aman Sahu (A-2) got associated with Moti Yadav and Shankar Yadav (A-29), during one of his meetings, Aman Sahu (A-2) gave Akash Kumar @ Akash Sahu's (A-30) mobile number to Shankar Yadav (A-29). He met Shankar Yadav (A-29) during one of his trips to Rajrappa Temple in Jharkhand, and later they met in Ranchi, Jharkhand as well during which they discussed about getting in real estate work in Bhagalpur, Bihar. The accused Akash Kumar @ Akash Sahu (A- 30) then revealed the details of properties and business that Shankar Yadav (A-29) got for him in Bhagalpur, Bihar:

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1. Shankar Yadav (A-29) transferred the agreement to a godown in Akash Kumar @ Akash Sahu's (A-30) name, got his address in AADHAAR changed from Ranchi, Jharkhand to Barari, Bhagalpur, and made him the proprietor of a firm named M/s Kiran Enterprises bearing GSTIN No. 10 HPYPK9276/1ZZ.

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2. Shankar Yadav (A-29) also got opened two bank accounts in Bhagalpur in the name of Akash Kumar (A-30), one in ESAF Bank and another in Central Bank of India. Akash Kumar @ Akash Sahu (A-30) revealed that this was done to secure work with JSW Cement. The Central Bank account of Akash Kumar @ Akash Sahu (A-30) was used by Shankar Yadav (A-30) to deposit money from real estate and construction business.

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3. After this, Shankar Yadav (A-29) took one of his stores, which was previously run as Om Sai Trading and Construction under the name of his wife, and changed it to Kiran Enterprises and started running the same for Akash Kumar @ Akash Sahu (A-30).

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4. Shankar Yadav (A-29) also purchased a piece of land measuring a little over 1 decimal in the name of Akash Kumar @ Akash Sahu (A-30) in Bhagalpur, Bihar.

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These disclosures substantiate the close ties between the two accused gang members i.e. Akash Kumar @ Akash Sahu (A-30) and Shankar Yadav (A-29).

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17.6.7 Akash Kumar @ Akash Sahu (A-30) further disclosed that Shankar Yadav (A- 29) sought to leverage his ties with Aman Sahu Gang to expand his business interests in Jharkhand. Shankar Yadav (A29) and Aaksh Kumar @ Akash Sahu (A-30) were involved in acquiring movable and immovable properties including, seized Toyota Fortuner vehicle bearing registration number JH01EV4900 which was purchased on 17.09.2023 from Ormanjhi, Ranchi, by Shankar Yadav (A-29) for Akash Kumar @ Akash Sahu (A-30). Upon investigation it was revealed that the vehicle was received by Akash Kumar @ Akash Sahu (A-30) and the vehicle was parked at the residence of Aman Sahu (A-2) being utilised by Akash Kumar @ Akash Sahu (A-30),

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17.6.8 In his disclosure, Akash Kumar @ Akash Sahu (A-30) also corroborated the fact that Krishna Sahu (PW-264) was handed a mobile phone by some jail staff stating that the phone belonged to Aman Sahu

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(A-2). This further substantiate that the leader of the terror gang are operating while being lodged in the jail. 10. The result of the financial investigation of the terror gang has also been noted in the following paragraphs:

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17.7.1 Based on the disclosures made by accused Akash Kumar @ Akash Sahu (A-30) and subsequent financial investigation, it was revealed that "Sujit Sinha & Aman Sahu Gang" used to extort levy from the victims by creating terror in their mind through incidences like bomb blast, gun firings, threat calls, disruption of government work and thus creating law & Order crisis situation.

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17.7.2 Further investigation also revealed that accused Akash Kumar @ Akash Sahu (A-30) was collecting the extorted levy as detailed in para 17.7.1 above, through various channels and subsequently used it for creating terror infrastructures for the terror gang.

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17.7.3 The aforementioned financial investigation is further corroborated by the statements u/s-164 Cr.P.C of protected witnesses "O", "P" and "Q".

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11. What would transpire from the investigation undertaken by the NIA and the results thereof, is that two firms were floated for rotation of terror funds, i.e., M/s Kiran Enterprises and M/s Om Sai Construction and Trading Company. The appellant is being sought to be linked with the dubious transactions emerging from the accounts of the said firms. The findings recorded have been borne out from the fact that the appellant is the brother of Aman Sahu, who was running a terror gang at the behest of Aman Sahu and Sujit Sinha both of whom were in custody. The role of Shankar Yadav (A-29) seems to occupy a predominant spot as it was Shankar Yadav who was the owner of M/s Om Sai

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Construction and Trading Company and also used to manage the business of M/s Kiran Enterprises, though the appellant was said to be the proprietor of the said firm. The role of Shankar Yadav as the predominant force in his association with the appellant gets connected from the statement of the appellant during custodial interrogation. Some transfer of money was made by the appellant to Vikas Anand Ojha alias Abhishek and Ajay Turi and vice versa, but none of the transactions indicate any huge amount transferred. The statements of the protected witnesses “L” and “N” are general and vague statements implicating the present appellant. It appears that the foundational fact of the investigation being taken over by the NIA is an incident which occurred at Tetariyakhad Colliery, where the Police party was fired upon, vehicles were burned and pamphlets were recovered issuing threats to the transporters and coal companies involved in mining etc. The angle of extortion veered towards the gangsters Sujit Sinha and Aman Sahu and their associates. The name of the appellant never figured in the initial charge sheets, but he has been arrayed as an accused in the fourth supplementary charge sheet. Although the petitioner has some criminal antecedents, but that would not outweigh the dearth of evidence collected against him. Several co-accused persons have been granted bail in Cr. Appeal (DB) No. 51 of 2022, Cr. Appeal (DB) No. 42 of 2023, Cr. Appeal (DB) No. 204 of 2022, Cr. Appeal (DB) No. 98 of 2022 and Cr. Appeal (DB) No. 205 of 2022. It appears that there are a large number of witnesses to be examined and several documentary evidence have also to be exhibited and there is no possibility of the trial being concluded in the near future. In the case of Union of India v. K. A. Najeeb reported in (2021) 3 SCC 713 , it has been held as follows:

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“17. It is thus clear to us that the presence of statutory restrictions like Section 43-D(5) CRIMINAL APPEAL (DB) NO. 669 OF 2025 12

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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.

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18. Adverting to the case at hand, we are conscious of the fact that the charges levelled against the respondent are grave and a serious threat to societal harmony. Had it been a case at the threshold, we would have outrightly turned down the respondent’s prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the High Court appears to have been left with no other

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option except to grant bail. An attempt has been made to strike a balance between the appellant’s right to lead evidence of its choice and establish the charges beyond doubt and the any simultaneously respondent’s rights guaranteed under Part III of our Constitution have been well protected.

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19. Yet another reason which persuades us to enlarge the respondent on bail is that Section 43-D(5) of the UAPA is comparatively less stringent than Section 37 of the NDPS Act. Unlike the NDPS Act where the competent court needs to be satisfied that prima facie the accused is not guilty and that he is unlikely to commit another offence while on bail; there is no such precondition under UAPA. Instead, Section 43-D(5) of the UAPA merely provides another possible ground for the competent court to refuse bail, in addition to the well-settled considerations like gravity of the offence, possibility of tampering with evidence, influencing the witnesses or chance of the accused evading the trial by absconsion, etc. ”

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12. Although we have been made aware by Mr. Amit Kumar Das, learned Special P.P.-NIA that the prayer for bail of several co-accused persons have also been rejected, but regard being had to the role of the appellant as depicted by the NIA and the dissection of the incriminating materials collected against the appellant, we are of the conscious view that the rigors of Section 43D(5) of UA(P) Act will not be attracted. Consequent to CRIMINAL APPEAL (DB) NO. 669 OF 2025 14

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the above, we hereby set aside the order dated 23-05-2025 passed by the learned Additional Judicial Commissioner-XVI cum Special Judge, NIA at Ranchi in connection with Misc. Criminal Application No. 749/2025 in Special (NIA) Case No. 01/2021 arising out of RC-01/2021/NIA/RNC and the appellant is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge NIA, Ranchi in connection with Special (NIA) Case No. 01/2021.

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13. This appeal is allowed.

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14. Pending I.A.s, if any, stands closed.

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(RONGON MUKHOPADHYAY, J.)

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(PRADEEP KUMAR SRIVASTAVA, J.)

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Preet/-

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Akash Kumar Alias Akash Sahu v. the Union of India through Nia

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Akash Kumar Alias Akash Sahu v. the Union of India through Nia

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