DAYASHANKER MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the three criminal appeals have arisen though from different orders, but from one and same crime number i.e. Crime No.9/2020 registered at Police Station Siksod, District North Bastar Kanker, therefore, they have been clubbed together, heard together and are being disposed of by this common judgment.

(2.) These criminal appeals under Sec. 21(4) of the National Investigation Agency Act, 2008 are directed against order dtd. 7/4/2022 (in respect of Dayashanker Mishra) and orders dtd. 30/5/2022 (in respect of Rohit Nag, Suresh Sharnagat and Sushil Sharma) passed by the Special Judge (NIA Act), Kanker, District North Bastar Kanker in Bail Applications No.92/2022, 135/2022 and 131/2022, respectively, by which the Appellants' applications under Sec. 439 of the CrPC seeking bail for offences under Ss. 10, 13, 17, 38(1)(2), 22-A, 22-C and 40 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 have been rejected finding no merit.

(3.) 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. Pursuant to the memorandum statement of Appellant Dayashanker Mishra (Cr.A.No.977/2022), who was Accountant in Rudransh Earth Movers Road Construction Company, seven pairs of plastic shoes and 15 meters of military cloth have been seized from his possession and similarly, from the possession of Appellant Suresh Sharnagat ( Appellant No.1 in Cr.A. No.1004/2022), who was working as Operator in the said Company, one mobile, CD and motorcycle have been seized. From the possession of Appellant Sushil Sharma ( Appellant No.2 in Cr.A. No.1004/2022), who was working as Clerk in the said Company, mobile, rent agreement and register have been seized and from the possession of Appellant Rohit Nag (Cr.A.No.1007/2022), who was Labourer, mobile has been seized. Thus, the present Appellants along with other co-accused persons have committed the offences as mentioned in the second paragraph of this judgment.