Thulthuli, P.S. Orchha, District Narayanpur C.G v. State of Chhattisgarh Through Station House Officer, Police Station
Case Details
1 ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2025:CGHC:49537-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1796 of 2025 Kosru Vadde S/o Masa Vadde Aged About 39 Years (Wrongly Mentioned As Kosam Vadde) Caste- Madiya, R/o Village- Gawadi, Gram Panchayat- Thulthuli, P.S. Orchha, District Narayanpur C.G. versus State of Chhattisgarh Through Station House Officer, Police Station - Dhaudai, District - Narayanpur C.G. ... Respondent ... Appellant For Appellant For Respondent/State : Mr. Shashank Thakur, Dy. Advocate General
Legal Reasoning
: Mr. Mukesh Shrivastava, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, C.J. 06.10.2025 1. This appeal under Section 21(4) of the National Investigation Agency Act, 2008 has been filed by the appellant being aggrieved the impugned order dated 09.06.2025 passed by learned Special Judge (NIA Act) Narayanpur (C.G.) in S.T. No. 15 of 2024, whereby the regular bail application filed by the appellant under Section 483 of the B.N.S.S. has been rejected. 2. The prosecution story, in brief, is that on 19.03.2024 after receiving information from the informant, the Police seized six 2 bags of 30-30 kgs and one of 28.300 kgs Potassium Nitrate explosive substance, detonator and Cordex wire and two mobile phones from the possession of accused persons namely Chameli Bai and Ravi Markam and they were arrested. Accused Chameli Bai stated in her statement that on 03.03.2024 when she and her husband Ravi Markam were in the Narayanpur Weekly Market for selling herb and medicinal plant and Rudraksh Tabij, accused Kosru Vadde, who residing near Orchha, came and told her to supply the explosive substance towards Orchha. She further stated that accused Kosru Vadde gave Rs. 10,000/- and said that he will collect the materials on Sunday and give the rest amount. The accused / appellant was absconded. The Police submitted the charge-sheet under Section 173(8) of Cr.P.C. on 03.08.2024, thereafter the accused/appellant was arrest by the Police on 29.11.2024 and seized one mobile from the possession of the accused/appellant. The accused/appellant had preferred an application for release on bail before the concerned trial Court, which has been rejected vide order dated 09.06.2025. Hence, this appeal. 3. The learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the instant case, he is not the member of Maowadi and there is no connection of appellant with the Maowadi. He further submitted that the prosecution has allegedly recovered one mobile and SIM pamphlets from the present appellant, no any explosive 3 substance has been recovered from the appellant and only on the basis of suspicion, he has been falsely roped in this case. He also submitted that the appellant used to prepare food in Gawdi Ashram and he has no connection with the Maowadi or naxalite persons and he no previous criminal antecedent. He lastly submits that the charge-sheet has already been filed and a bare perusal of entire charge sheet, there is nothing material available on record to connect the appellant in commission of alleged offence. The appellant is jail since 29.11.2024 and the trial will take considerable time for its conclusion, hence the appellant may kindly be released on bail. 4. On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the appellant and has submitted that the Police had seized six bags of 30-30 kgs and one of 28.300 kgs Potassium Nitrate explosive substance, detonator and Cordex wire and two mobile phones from the possession of main accused persons namely Chameli Bai and Ravi Markam and they were arrested and accused Chameli Bai stated in her statement that on 03.03.2024 when she and her husband Ravi Markam were in the Narayanpur Weekly Market for selling herb and medicinal plant and Rudraksh Tabij, accused Kosru Vadde, who residing near Orchha, came and told her to supply the explosive substance towards Orchha and accused Kosru Vadde gave Rs. 10,000/- and said that he will collect the materials on Sunday and give the rest amount. He further 4 submitted that after the incident, the accused / appellant was absconded and he was arrested on 29.11.2024 and one mobile was seized from the accused/appellant. He also submitted that as per the Call Detail Report of the seized mobiles from the accused persons, the appellant/accused is in contact with the main accused persons. He lastly submitted that the offence registered against the accused/appellant is in grievous in nature, and if he is granted bail, the possibility of him getting involved in the same activities again, intimidating witnesses related to the case or influencing evidence by luring them cannot be ruled out and will also boost the morale of those committing the said crime, thus, the application filed by him is liable to be dismissed. 5. We have heard the rival submissions of the respective parties and considered the same. 6. From perusal of the materials brought on record, it transpires that the Police had seized six bags of 30-30 kgs and one of 28.300 kgs Potassium Nitrate explosive substance, detonator and Cordex wire and two mobile phones from the possession of main accused persons namely Chameli Bai and Ravi Markam and they were arrested and accused Chameli Bai stated in her statement that on 03.03.2024 when she and her husband Ravi Markam were in the Narayanpur Weekly Market for selling herb and medicinal plant and Rudraksh Tabij, accused/appellant Kosru Vadde, who residing near Orchha, came and told her to supply the explosive substance towards Orchha and gave Rs. 10,000/- for the same 5 and said that he will collect the materials on Sunday and give the rest amount. It further transpires that as per the Call Detail Report of the seized mobiles from the accused persons, the appellant/accused is in contact with the main accused person. Moreover, it is also apparent that this State and the Centre are combating and are making all their efforts along with their machineries to make the State of Chhattisgarh free from naxalite activities as this State is gripped with naxalite activities causing endanger to the internal security of the State as well as common people, which also effect the national interest. 7. Considering the nature of allegation levelled against the appellant, which is serious in nature, statement of main accused, from whose possession the aforesaid explosive substances have been recovered and the materials collected against him during the investigation, also considering the fact that the trial is in progress and if he is granted bail, the possibility of him getting involved in the same activities again, intimidating witnesses related to the case or influencing evidence by luring them cannot be ruled out and will also boost the morale of those committing the said crime, thus, we are not inclined to release the appellant on bail. 8. Accordingly, the appeal filed by the appellant seeking regular bail is liable to be and is hereby dismissed. Sd/- (Bibhu Datta Guru) Judge Sd/- (Ramesh Sinha) Chief Justice Chandra