Bhursuram Salam vs State Of Chhattisgarh

Prashant Kumar Mishra, J

This appeal would call in question the order passed by the Special Judge, NIA Act, Jagdalpur, in Spl. Case No.60/2018 rejecting the appellant's prayer for grant of bail under Section 439 of the Cr.P.C.

Appellant has been arrested for commission of murder of Raiju Korram and Sudu Korram at about 10.30 pm on 19-3-2018. First Information Report (FIR) has been registered by the concerned police for offence under Sections 147, 148, 149, 323, 506-B, 452, 364 & 302 of the Indian CRA No.1019 of 2019 Penal Code; Sections 25 & 27 of the Arms Act; and Sections 23, 38(2), 39(2) of the Unlawful Activities (Prevention) Act for the said incident. The appellant and other accused persons are allegedly involved in naxal activities and at the time of incident they went to village brought out the deceased persons from their house and committed their murder on the suspicion that they are informers to the police.

The FIR is named against the present appellant. Even if the prosecution is not alleging any overt act against the appellant, he being part of unlawful assembly involved in naxal activities and his presence at the place of occurrence, as being member of group of naxalites, prima facie, proved due to named FIR, we are not convinced with the arguments advanced by the learned counsel for the appellant that the appellant was only a bystander. If the appellant belongs to some other village he had no business to reach to the village where the incident took place just to witness the activities of other naxalites who committed murder.

In the facts and circumstances of the case and having perused the case diary, we are convinced that the trial Court has not committed any error while refusing to grant bail to the appellant.

As an upshot, the instant appeal, sans merit, is liable to be and is hereby dismissed.