KAWASI LAKHMA Vs. RAJU MADKAMI

JUDGEMENT

(1.) This criminal appeal under Sec. 21(4) of the National Investigation Agency Act, 2008 is directed against the impugned order dtd. 07/03/2022 by which appellants' application under Sec. 439 of CrPC has been rejected by learned 2nd Additional Sessions Judge, South Bastar finding no merit.

(2.) The case of the prosecution, in brief, is that on 02/03/2019, Police officials went for searching naxalites and when they reached near Village Parcheli, a pressure bomb blasted due to which one constable was injured and thereafter the naxalites who were present there fled away. On the basis of said information, FIR was registered and during the course of investigation, the present appellants along with two other coaccused persons were arrested.

(3.) Learned counsel for the appellant would submit that the present appellants have falsely been implicated in the crime in question and learned Session Judge is absolutely unjustified in rejecting their application under Sec. 439 of CrPC particularly in view of the fact that eight witnesses have been examined and they have been in jail since 20/04/2019 i.e. for more than three years. He would further submit that one coaccused namely Baman Vetti and another coaccused namely Hunga Kawasi have already been granted bail by this Court vide order dtd. 25/01/2022 in MCRC/8516/2021 and MCRC/8521/2021 respectively, therefore, the impugned order be set aside and the appellants be released on bail.