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2021 (4) TMI 1318 - SC - Indian LawsSeeking grant of Bail - allegation against the persons named in the FIR is that they were operatives/functionaries of a terrorist gang TPC and they were extorting levy from coal traders, transporters and contractors - Sections 414, 384, 386, 387, 120B Indian Penal Code, Sections 25(1B)(a)/ 26/35 of the Arms Act and Section 17(1)(2) of the CLA Act - HELD THAT:- While considering the grant of bail Under Section 43D(5), it is the bounden duty of the Court to apply its mind to examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the Accused or not. A close scrutiny of the material placed before the Court would clearly shows that the main accusation against the Appellant is that he paid levy/extortion amount to the terrorist organization. Payment of extortion money does not amount to terror funding. It is clear from the supplementary charge-sheet and the other material on record that other Accused who are members of the terrorist organization have been systematically collecting extortion amounts from businessmen in Amrapali and Magadh areas. The Appellant is carrying on transport business in the area of operation of the organization. It is alleged in the second supplementary charge-sheet that the Appellant paid money to the members of the TPC for smooth running of his business. Prima facie, it cannot be said that the Appellant conspired with the other members of the TPC and raised funds to promote the organization. It is not satisfying that a prima facie case has been made out against the Appellant relating to the offences alleged against him - these findings are restricted only for the purpose of grant of bail to the Appellant and the trial court shall not be influenced by these observations during trial. Appeal allowed.
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