2024:CGHC:33475-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 833 of 2024 Duddu Prabhakar @ Duddu S/o Late Duddu Thirupalu, R/o House No. 42-45-03, Near Luna Centre, PS Ajit Singh Nagar, Vijaywada, District NTR (A.P.)

---- Appellant versus Union of India, through The National Investigation Agency, At P.S. NIA Raipur Chhattisgarh.

---- Respondent CRA No. 881 of 2024 Kandula Sirisha @ Sirisha R/o- Alakurapadu Thana Tangaturu, District-

Prakashma, ( A.P.).

----Appellant Versus Union of India, through The National Investigation Agency, At P.S. NIA Raipur Chhattisgarh.

---- Respondent For Appellant : Mr. T.K. Jha and Mr. Vaibhav Tiwari, Advocates For Respondent/UOI : Mr. B. Gopa Kumar, Special P.P. NIA and Mr. Ismail Shaikh, Sr. P.P. NIA.

Hon'ble Shr i Ramesh Sinha, Chief Justice Digitally signed by ROHIT ROHIT KUMAR Hon'ble Shri Bibhu Datta Guru , Judge KUMAR CHANDRA CHANDRA Date:

2024.09.03

18:16:26 +0530 Judgment on Board Per Ramesh Sinha, C.J .

02.09.2024

1. Since both the appeals arise out of same offence, they are clubbed and heard together and are being disposed off by this common judgment.

2. These criminal appeals under Section 21(4) of the National Investigation Agency Act, 2008 (for short ‘the NIA Act’) read with Section 439 of the Code of Criminal Procedure, 1973 (for short ‘CrPC’) are directed against the impugned order dated 17.01.2024 passed by the Special Judge (NIA), Jagdalpur in Special Case No. 06/2023 (Union of India Vs. Sanju @ Pandurupunem @ Sanjeev & others), arising out of FIR RC No. 01/2021/NIA/RPR at PS – NIA, Raipur Branch, by which the appellant's application under Section 439 of the CrPC seeking bail for offences under Sections 120B of IPC and Sections 13, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 (for short, ‘UAPA’ has been rejected finding no merit.

3. The prosecution case, in brief, is that on 27.07.2019, the police of Nagarnar police station received information that on 28.07.2019, during Shaheed Diwas, Naxalites have gathered near village Tiriya to carry out a major incident. On which, during the search operation by the joint team of police and District Reserve Guard, Special Task Force, CRPF, an encounter and firing took place between the Naxalites and the above forces. In the said incident, 6 Naxalites and 1 civilian died. The joint team of the force seized the Naxalites' weapons etc. from the incident spot. Based on the written complaint of the then in-charge officer of Nagarnar police station, an FIR was lodged in Nagarnar police station under Sections 147, 148, 149, 302, 307 IPC and Sections 25, 27 of the Arms Act and Sections 38(2), 39(2) of the Prevention of Unlawful Activities (Prevention) Act against accused Sanju, Laxman, Munni, Dashri and 30-40 other unknown persons. When the Central Government came to know about the crime, considering the seriousness of the offence, the Department of Home Ministry of Central Government directed NIA Branch, Raipur to investigate the case, in compliance of which, on 18.03.2021 the case was again registered as FIR RC No. 01/2021/NIA/RPR at PS – NIA, Raipur Branch and investigated by NIA. After completion of investigation, charge-sheet was presented against the present appellants and other co-accused persons.

4. The appellants preferred an application U/s 439 of Cr.P.C. before the Special Judge (NIA), Jagdalpur, which was rejected by the impugned order dated 17.01.2024, against which, this criminal appeal has been filed.

5. Mr. T.K. Jha and Mr. Vaibhav Tiwari, learned counsel appearing for the appellants have vehemently argued that the appellants are the residents of State of Andhra Pradesh and though there are several cases going on against them, but in the present case they have been arrested in the State of Chhattisgarh just to harass them for unnecessary trial and criminal prosecution under the UAPA. It is submitted that the appellant in CRA No. 833/2024 – Duddu Prabhakar @ Duddu is a Dalit Rights Activist and Andhra Prades