Order on Board

1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 10/2025 registered at Police Station- Errabore, District -Sukma, (C.G.) for the offence punishable under Sections 4 and 5 of the Explosive Substance Act, 1908.

2. The case of the prosecution, in brief, is that on 01.11.2025, the complainant, Balram Baghel, Sub-Inspector, along with other police personnel, proceeded towards the Gaganpalli forest for patrolling and search operations against Naxalite activities on the verbal directions of the Superintendent of Police. During the course of patrolling, the police party received credible information that certain Naxalite members were present in the forest area and were planning to cause harm to the police force by planting explosive materials and conducting reconnaissance of police movements. Acting upon the said information, the police team cordoned the area and noticed two suspicious persons attempting to flee, who were apprehended after a brief chase and disclosed their names as Karam Chandra and Sodi Anka. Upon search, the bag carried by applicant No. 1 allegedly contained 04 gelatine rods, about 03 meters of cordex wire, 02 pieces of firecracker atom bombs, and 10 Naxalite pamphlets, while the bag carried by applicant No. 2 allegedly contained 06 non-electronic detonators, 03 wooden spikes, about 03 meters of cordex wire, approximately 100 grams of gunpowder wrapped in black cloth, and 10 Naxalite pamphlets. On the basis of the aforesaid recovery, the present applicants were arrested, and an offence was registered against them, thereafter, upon completion of investigation, a charge-sheet has been filed before the competent Court. Hence, the present bail application.

3. Learned counsel for the applicants submits that the applicants are innocent, poor tribal villagers who have been falsely implicated in the present case merely on the basis of suspicion, without there being any cogent or reliable evidence against them. It is contended that no explosive material has been seized from the conscious possession of the applicants and they were not even arrested from the spot, thereby creating serious doubt regarding their alleged involvement. The prosecution case is stated to be based solely on disclosure statements made before police officials, which are inadmissible in evidence in the absence of independent corroboration. It is further submitted that the allegation of the applicants being members or associates of any Naxalite organization is vague, baseless, and unsupported by any substantive material on record. The essential ingredients of Sections 4 and 5 of the Explosive Substances Act, 1908 are not attracted, as there is no evidence to show that the applicants used or attempted to use any explosive substance. He further submits that the applicants, being uneducated tribal villagers residing in a remote and highly Naxal-affected area, earn their livelihood through labour work and have been falsely implicated due to their presence in such an area. It is also argued that villagers in such areas often act under fear, coercion, and threat from extremist elements, and even if the applicants’ names surfaced during investigation, the same cannot be presumed to be voluntary participation in any unlawful activity. It is also submitted that the applicants have no previous criminal antecedents and they are in jail since 01.11.2025, the charge-sheet has already been filed and the trial is likely to take considerable time. It is thus submitted that mere residence in a Naxal-affected area cannot be equated with involvement in any unlawful organization, and in absence of any criminal antecedents or incriminating material, the applicants deserve to be enlarged on bail.

4. On the other hand, the learned State counsel opposed the