K. Srinu vs State Of Chhattisgarh

Prashant Kumar Mishra, J

This Appeal would call in question the legality and validity of the order passed by the Special Judge (NIA Act), Jagdalpur refusing the appellant's application under Section 439 CrPC for grant of regular bail.

The appellant along with co-accused Barla, Nakka & Komram Arjun have been arrested for committing offence under Sections 34 & 120-B of the IPC, Section 4(B) of the Explosive Substances Act and Section 10 (a)(b), 38 & 39 of the Unlawful Activities (Prevention) Act, 1967 bearing Crime No.3/2017, registered at Police Station Maraiguda, District Sukma.

As per the prosecution case, 3 accused persons were moving on motorcycle and one accused was moving in auto-rickshaw carrying naxal literatures and explosives from Bhadrachalam (Telangana) towards Maraiguda, Golapalli. 3 persons riding motorcycle were carrying carton with them. On being intercepted and searched, the appellant was found to be possessed of 8 bundles of codex wire measuring 2400 meters, one mobile set, while detonators, cash and naxal literatures were recovered from other accused persons.

It is argued that the entire prosecution case is false and fabricated. The appellant was moving on motorcycle without carrying any luggage, therefore, the appellant is entitled to be released on bail.

Having perused the case diary, it is reflected therefrom that the concerned police received secret information about movement of the accused persons along with explosives. They were intercepted and searched and explosives were found in possession of the appellant as well as other accused persons. At this stage, seizure memo etc. cannot be disbelieved to brand the same as false and fabricated document. The concerned area is otherwise highly naxal infested. Therefore, considering all relevant aspects of the matter, learned Court below has not committed any illegality in rejecting the bail application.

There is no substance in this Appeal, which fails and is hereby dismissed.