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2019 Supreme(Chh) 976
CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, Gautam Chourdiya, JJ.
ABHAY NAYAK - APPELLANT
Versus
STATE OF CHHATTISGARH THROUGH - STATION HOUSE OFFICER, POLICE STATION MARDUM - RESPONDENT
Criminal Appeal No. 1213 of 2019, 1146 of 2019, 1216 of 2019
Decided On : 20-12-2019
Yug Mohit Choudhary, Advocate, Payoshi, Advocate, Kishore Narayan, Advocate, Fouzia Mirza, Advocate, K.K. Singh, Advocate
Headnote:
Criminal Procedure Code, 1973 – Section 439 – National Investigation Agency Act, 2008 – Section 21 (4) – Tiffin Bomb with 20 meters long wire and pamphlets – Prosecution case, in brief, is that an information was received by the concerned police that on the road between village Bastanar-Dankapara towards village Kandoli a banner has been put on along with pamphlets containing anti national contents – On receipt of the information the team of a Kodenar police led by the Station House Officer reached to the place and found a banner and anti national contents and few naxal pamphlets written in English propagating naxal movement – When the near by places were searched the police team found an explosive like material and few wires, which were further dug out with proper security – Tiffin Bomb with 20 meters long wire and pamphlets were found –Held, Be it noted that the special provision, Section 43D of the 1967 Act, applies right from the stage of registration of FIR for the offences under Chapters IV and VI of the 1967 Act until the conclusion of the trial thereof – To wit, soon after the arrest of the accused on the basis of the FIR registered against him, but before filing of the charge-sheet by the Investigating Agency; after filing of the first charge-sheet and before the filing of the supplementary or final charge-sheet consequent to further investigation., until framing of the charges or after framing of the charges by the Court and recording of evidence of key witnesses, etc – However, once charges are framed, it would be safe to assume that a very strong suspicion was founded upon the materials before the Court, which prompted the Court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged against the accused, to justify the framing of charge – In that situation, the accused may have to undertake an arduous task to satisfy the court that despite the framing of charge, the materials presented along with the charge-sheet do not make out reasonable grounds for believing that the accusation against him is prima facie true – Criminal appeals, sans substratum, are liable to be and are hereby dismissed.
JUDGMENT
Prashant Kumar Mishra, J. - These three connected appeals under Section 21 (4) of the National Investigation Agency Act, 2008 (for short 'the NIA Act') would call in question three separate orders passed by the trial Court (NIA Court) rejecting the appellant's prayer for his release on bail under Section 439 of the Cr.P.C.
2. The details of the police station, crime number, offence, etc., in respect of the all three appeals, as mentioned in the cause title of respective memo of appeal, are as under :
| CRA No. | Spl. ST No. | Cr.No. | Police Station | Offence u/S |
| 1213/19 | 109/2018 | 7/2017 | Mardum, Dist. Bastar | 120-B of the Indian Penal Code; |
| 13(1)(b), 18, 38 and 39(2) of the Unlawful Activities (Prevention) Act, 1967 ; and | ||||
| 8(1)(3)(5) of the Chhattisgarh Special Public Security Act, 2005 | ||||
| 1146/19 | 105/2018 | 7/2017 | Darbha, Dist. Bastar | 120-B of the Indian Penal Code; |
| 4 and 5 of the Explosive Substances Act, 1908; | ||||
| 13(1)(b), 18, 38 and 39(2) of the Unlawful Activities (Prevention) Act, 1967 | ||||
| 8(1)(3)(5) of the Chhattisgarh Special Public Security Act, 2005 | ||||
| 1216/19 | 110/2018 | 7/2017 | Kodenar, Dist.Bastar | 120-B of the Indian Penal Code; |
| 4 and 5 of the Explosive Substances Act, 1908; | ||||
| 13(1)(b), 18, 38 and 39(2) of the Unlawful Activities (Prevention) Act, 1967; and | ||||
| 8(1)(3)(5) of the Chhattisgarh Special Public Security Act, 2005 |
3. The prosecution case, in brief, is that on 28-1-2017 an information was received by the concerned police that on the road between village Bastanar-Dankapara towards village Kandoli a banner has been put on along with pamphlets containing anti national contents. On receipt of the information the team of a Kodenar police led by the Station House Officer reached to the place and found a banner and anti national contents and few naxal pamphlets written in English propagating naxal movement. When the near by places were searched the police team found an explosive like material and few wires, which were further dug out with proper security. On this search a 7 kg. Tiffin Bomb with 20 meters long wire and pamphlets were found. The pamphlets were having signature of 'Vikalp' as Spokesperson, Dandakaranya Special Zonal Committee CPI (Maoist) and 'Abhya' as Spokesperson, Central Committee CPI (Maoist). This organization has been banned by the Government of Chhattisgarh. Dehati Nalsi was recorded and on return the subject crime was registered at Police Station Kodenar primarily under Section 120-B of the IPC; Sections 4 and 5 of the Explosive Substances Act, 1908; and Sections 38 and 39 (2) of the Unlawful Activities (Prevention) Act.
4. During further investigation, it came to the knowledge that the Police Station Darbha has also registered Cr.No.7/2017 and seized pamphlets and literatures containing propagation of naxal movement. The Investigating Officer found e-mail ID and mobile number written over the seized articles, which were further investigated on which one person named 'Abhay Nayak, R/o Bangalore' was suspected as a person who has committed the offence.
5. When the police team went to Bangalore (Karnataka) it got information that the appellant is not available in the country, but is travelling abroad with unknown location. Thereafter, Bastar Police issued Look Out Circular. The Immigration Bureau, New Delhi, informed the Superintendent of Police, Bastar that the appellant has been taken into custody. He was enquired by Bastar Police at Delhi and thereafter, upon his consent, Laptop, Mobile, Hard Disk, Pen Drive, etc. were recovered and brought to Bastar for further investigation. In his confessional statement the appellant admitted that for propagating naxal activities he acts as a Blogger and Spokesman via its Blog and Social Med
