JUDGMENT :

Valmiki Sa Menezes, J.

Heard. Admit.

2. By consent of the learned Counsel appearing for the parties, this Criminal Appeal is taken up for final hearing.

3. By this appeal, filed under Section 21(4) of the National Investigation Agency Act, 2008 (“NIA Act”), the Appellant has challenged judgment and order dated 28.03.2022, passed by the Sessions Court, Gadchiroli, in Sessions Case No.99/2019 (State of Maharashtra, Through P.S.O. Police Station, Etapalli, District : Gadchiroli ..V/s.. Surendra Pundlik Gadling and others), refusing regular bail to the Appellant, who is accused No.1 in that Trial.

4. Sessions Case No.99 of 2019 was registered upon filing final report dated 29.05.2019 under Section 173 of the Code of Criminal Procedure, 1973 (“CrPC”).

The facts, as seen from the charge-sheet filed by the NIA, are as follows :

4.1 The First Information Report (“FIR”) came to be registered as Crime No.35 of 2016, with Police Station, Etapalli, Tahasil Aheri, District Gadchiroli, under Sections 307, 341, 342, 435, 323, 504, 506, 143, 147, 148, 149 and 120(B) of the Indian Penal Code, 1860 (“IPC”), Sections 5 and 28 of the Indian Arms Act, 1959 (“IA Act”), Section 135 of the Maharashtra Police Act, 1951 (“MP Act”) and Sections 16, 18, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 (“UAP Act”).

4.2 It is alleged in the FIR, recorded at the behest of one Rajvindarsing Harising Shergil, owner and driver of Truck bearing No.MH-33/4348, that an incident occurred on 23.12.2016 at around 11:30 a.m. to 15:00 p.m. at Surjagad Pahadi within the jurisdiction of Etapalli Police Station. The FIR dated 22.12.2016, discloses that the informant drove his vehicle via. Alapalli-Etapalli road carrying iron ore. That around 100 to 150 trucks belonging to various transport companies named in the FIR, arrived at Surjagad hill, and since by then it was night time, all truck drivers, including the complainant were waiting to get permission receipts from the office of Lyod Metal Company to load iron ore on their trucks. The complainant further stated that his truck was followed by other trucks and when they reached at a distance about one kilometer from Surjagad hill, he saw few of trucks standing by the side of the road. He stopped his vehicle behind the queue of trucks and at about 11:30 p.m., he heard shouting in abusive language with words “Sale Madarchod, Truck Ke Niche Utaro, Bhagna Nahi, Sale Chodunga Nahi”. The FIR further records that on hearing such abusive language and on being directed to dismount from the trucks, he saw the driver of the front truck walking back on foot. The informant noticed that the men who were in-front of his truck were holding sticks and axes. They threatened the informant and other drivers asking them to get down from the vehicles, upon which he, alongwith the cleaner of his truck alighted from the vehicle, Some of the armed men in olive green uniforms were asking all the drivers to alight from the trucks and all of them were gathered at one place, which was at a distance about 100 meters away from the main road, in the forest.

4.3. The informant then states that all the drivers were gathered and asked to sit down on the ground and warned not to run lest they would be burnt. The informant noticed some of the men breaking open the diesel tank of the front truck and then setting it on fire. It was also alleged that some of these men used axes and broke the window panes and cut the tyres of these trucks. These men were addressing each other in Hindi by name “Ramko” and “Gonglue”, while around 10 to 12 other associates went to the main road and kept a watch for the police when at that time one of them replied ‘ok Sainath Anna’. The men in green uniforms requested one amongst them named “Narmadakka” to take physical search of all the truck drivers, pursuant to which, one of these men forcibly put his hand into the pocket of the informant and took out his mobile handset. Likewise all the mobile handsets of other tru