MUKESH SALAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 21(4) of the National Investigation Agency Act, 2008 is directed against order dtd. 10/2/2022 passed by the Special Judge (NIA Act), Kanker, District North Bastar Kanker in Bail Application No.38/2022, by which the Appellants' application under Sec. 439 of the CrPC seeking bail for offences under Ss. 10, 13, 17, 38(1)(2), 40, 22-A and 22-C of the Unlawful Activities Prevention Act, 1967 (for short, 'the UAPA'); Sec. 8(2)(3)(5) of the Chhattisgarh Vishesh Jan Surksha Adhiniyam, 2005 (for short, 'the Act of 2005'); and Ss. 120B, 201 and 149/34 of the IPC, has been rejected finding no merit.

(2.) Case of the prosecution, in brief, is that on 24/3/2020, on the basis of secret information, the Respondent searched a vehicle bearing registration No.CG-07/AH-6555 driven by Tapas Kumar Palit. In that search, 95 pairs of shoes, green black printed cloths for uniform, 2 bundles of electric wires each of 100 meter, LED lens, walki talki and other articles were found in his possession (Tapas Kumar Palit). Seizure was made accordingly. It is the further case of the prosecution that these articles were to be supplied by Tapas Kumar Palit to naxalites in order to support their illegal and disruptive activities. It is also the case of the prosecution that said Tapas Kumar Palit was working with Rudransh Earth Movers Road Construction Company, a partnership firm of Ajay Jain and Komal Verma. It is also the case of the prosecution that Tapas Kumar Palit provided information that articles were being provided on the instructions/ consent of Ajay Jain and Komal Verma, who were given consent/permission to do so by Varun Jain, Director of M/s Landmark Royal Engineering (India) Private Limited. It is also the case of the prosecution that the accused were providing funds as well to naxalites though no cash was recovered on the said date, but the police arrested all of them on 23/4/2020. It is also the case of the prosecution that Ajay Jain and Komal Verma were working as sub-contractors for road construction of PMGSY Road work originally given to M/s Landmark Royal Engineering Private Limited. FIR under Crime No.9/2020 was registered and they were charge-sheeted for the aforesaid offences on 8/9/2020 and thereafter charges have been framed on 5/8/2021 and out of 100 listed witnesses, only 13 witnesses have been examined and seizure witnesses namely Mantesh Dhruw and Rajesh Sahu have also been examined.

(3.) Case against the present Appellants is that Appellant No.1 Mukesh Salam is paternal uncle of Naxalite Commander Raju Salam and he was in direct and constant touch with Raju Salam, who has been alleged to be the main figure to whom all the materials and cash were being supplied. Appellant No.1 always accompanied other accused persons Tapas Kumar Palit and Appellant No.3 Arun Thakur for delivering the materials to Naxalite members. From the possession of Appellant No.1, a mobile phone has been recovered bearing No.7587797686 and call details record of the said phone has been produced. It is the case of the prosecution that Appellant No.2 Rajendra Salam was having close relationship with Tapas Kumar Palit and had provided his tractor to Tapas Kumar Palit for using it in road construction from Kotul board to Siksod and Appellant No.2 and Tapas Kumar Palit used to visit and meet Naxalite Commander Raju Salam where Raju Salam used to give instructions regarding supply of material and Tapas Kumar Palit has purchased material and kept it with Appellant No.2 which was later handed over to Appellant No.1. It is the further case of the prosecution that on the date of incident i.e. on 24/3/2020, Appellants No.1 and 2 had a conversation and both of them were waiting for Tapas Kumar Palit, however, on the same intervening evening, Tapas Kumar Palit was arrested and from the possession of Appellant No.2, a mobile phone bearing No.7587003379, which was used by Appellant No.2 for connecting with Appellant No.1 and Tapas Kumar Palit, was seized. It is also the case of the prosecution that Appellant No.3 Arun Thakur used to regularly visit and meet Naxalite Commander Raju Salam and used to supply materials such as Walky Talky to Raju Saklam and he was in direct and constant touch with Raju Salam and used to take instructions regarding delivery of materials and he always accompanied Tapas Kumar Palit and Appellant No.1 herein for delivering materials to the Naxalite members.