IMPORTANT POINT
Grant of bail – principles applied.

Judgment :-

A.K. Sikri, J.

1. Leave granted.

2. Both these appeals arise out of common order dated 8.7.2013 passed by the High Court of Chhattisgarh, whereby applications for bail preferred by these two appellants were rejected.

3. Appellants are related to each other. The appellant Lingaram Kodopi is the nephew of the appellant Soni Sori (Lingaram's father and Soni Sori's husband were the real brothers). Both these appellants have been implicated under Sections 121, 124(1) and 120B of the Indian Penal Code as well as Section 8 (1) (2) (3) of the Chhattisgarh Jansuraksha Adhiniyam and Sections 10 & 13 of the Unlawful Activities of the Act. For the alleged offence under the aforesaid provisions crime No. 26/2011 with Police Station Kuakonda district Dantewada, Chhattisgarh is registered against them alongwith certain other persons. Both have been arrested in connection with the aforesaid case.

4. In nut-shell the prosecution case is that on 8.9.2011, the concerned police received secret information that these appellants are likely to work as conduit for paying huge amount to the Naxalties, which was to be paid by Essar Company through co-accused B.K. Lala, a contractor of the said company, whose plant was operating in the naxal affected areas. The concerned police conducted a raid when these two appellants were in the process of receiving the amount of Rs. 15 lakhs from B.K. Lala at village Palnar weekly market at 1.00 p.m. on 9.9.2011. When the police party reached, a pandemonium took place and taking advantage thereof Soni Sori successfully escaped. However, Lingaram Kodopi and co-accused B.K. Lala were arrested from the spot. The appellant Soni Sori was also arrested afterwards on 12.10.2011 in Delhi.

5. As per the prosecution, in the present case different aspects of naxal movements had appeared wherein these naxalites receiving huge amount of money from Corporate groups to further their activities of waging war against the country. Shri B.K. Lala, Accused No. 1 in this case is a contractor of Essar Company who was supposed to pay money to these naxalites. Both the appellants were made conduits to receive money from B.K. Lala so that they could hand it over to the concerned naxalite persons. Apart from B.K. Lala and the two appellants, one DVCS Verma who is the General Manager of Essar Company has also been implicated in the said case.

6. These two other accused persons, viz. Shri B.K. Lala as well as Shri DVCS Verma were also arrested. However, both have since been enlarged on bail, Shri B.K. Lala who was arrested on 9.9.2011 was granted statutory bail on 4.2.2012, on the ground that charge-sheet was not filed until after 90 days from the date of registration of FIR. Shri DVCS Verma was granted bail on 3.1.2012. These two appellants however were denied bail by the Trial Court and, as mentioned above, even the High Court has rejected their bail applications. From the perusal of the order of the High Court it becomes clear that the High Court has mainly been influenced by the serious nature of crime allegedly committed by these appellants. The High Court also took note of the statements of certain witnesses which were recorded during investigation and went through the case diary. As per the High Court since direct evidence was available against these accused persons showing their complicity, there was a prima facie evidence against the appellants to the effect that they were found to be working as conduit between Essar Company through B.K. Lala and the naxalites.

7. In support of plea for bail on behalf of Soni Sori, Mr. Colin Gonsalves, learned Senior Counsel made detailed submissions, with lot of emphasis that the appellants were falsely implicated in this case because of previous animosity with the police authorities, of which they had become the victims over a period of time without any fault of theirs. It was argued that though the appellants were accused of collecting money for naxalites, in the entire charge-sheet and the evi