Madvi Baman And Ors vs State Of Chhattisgarh

Prashant Kumar Mishra, J

This is an appeal by the accused under Section 21(4) of the National Investigation Agency Act, 2008 read with Section 439 of CrPC against the order dated 06.04.2019 passed by the Special Judge, N.I.A. Act/Scheduled Offence, Jagdalpur, Distt. Bastar refusing to allow regular bail under Section 439 Cr.PC.

The appellants have been arrested for commission of offence under Sections 147, 148, 149, 323, 332, 341, 395, 435, 186, 506B of IPC, Sections 25 & 27 of the Arms Act and Sections 38, 39(1)(a) of the Unlawful Activities (Prevention) Act, by Police Station - Kistaram, Distt. Sukuma under Crime No.14/2017 on 18.1.2018.

As per the prosecution case, at about 4:40 pm on 21.12.2017 road construction work was going on near Chintalnar Maraiguda Road. At this point of time about 100-150 uniformed naxalites reached the place and interrupted the road construction work by taking away the labourers and driver engaged in the construction work to the jungle. They were assaulted by clubs and manhandled. The naxalites thereafter set ablaze 27 vehicles i.e. 3 Hyvas, 2 HighJack Mixture Machines, 18 Tractors, 3 Autos and one bike valued at Rs.1,70,00,000/- approximately. They also looted 25 mobile sets, ration, grocery articles etc. amounting to Rs.50,000/- and cash of Rs.40,000/-.

It is argued that the appellants have not been identified and the FIR being not named, the appellants deserves to be released on bail.

Learned State counsel would oppose the prayer made in the appeal on submission that when naxalites attacked the road construction team, the labourers were not in a position to identify the naxalites who belong to remote forest areas. She would also submit that the area in question is highly naxalite infested and the appellants have been arrested on the tip off by the villagers.

Considering the material available in the case diary, it appears that the appellants have been arrested on tip off by the villagers/informers that they are the persons involved in attacking road construction team. Their names have been mentioned in the memorandum of other accused persons. Therefore, at this stage, it cannot be said that there is no material against the appellants. Taking into account the recurrence of naxal activities in the said area at regular frequency, the present is not considered to be a fit case for allowing the appeal to release the appellants on bail.

Accordingly, the appeal is dismissed.

As the appellants are in jail since 18.01.2018, the Trial Court is directed to expedite the trial.