2024 (2) TMI 1560

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....anker, District North Bastar Kanker in Bail Application No.132/2023, by which the appellants' repeat bail application under Section 439 of the CrPC seeking bail for offences under Sections 10, 13, 17, 38(1)(2), 40, 22-A & 22-C of the Unlawful Activities Prevention Act, 1967 (for short, 'the UAPA'); Section 8(2)(3)(5) of the Chhattisgarh Vishesh Jan Surksha Adhiniyam, 2005 (for short, 'the Act of 2005'); and Sections 120B, 201 & 149/34 of the IPC, has been rejected finding no merit. 2. First bail application of the appellants was rejected by the learned Special Judge (NIA Act)/Scheduled Offences on 10-2-2022 against which they had preferred appeal before this Court being Cr.A. No.445/2022 (Mukesh Salam and others v. State of Chhattisgarh) w....

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....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 144 listed witnesses, only 33 witnesses have been examined and seizure witnesses namely Mantesh Dhruw and Rajesh Sahu have also been examined. 4. 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 ....

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....alam 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 & appellant No.1 herein for delivering materials to the Naxalite members. 5. The appellants herein have filed application under Section 439 of the CrPC for grant of bail before the Special Court under the NIA Act, which has been rejected by the impugned order finding no merit against which this criminal appeal has been filed. 6. Mr. Sameer Shrivastava, learned counsel appearing through video conferencing and Mr. Sourabh Sahu, learned counsel appearing physically on behalf of the appellants, would submit that by order dated 20-10-2022, appeal of co-accused Arun Thakur (appell....

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....ly observed in paragraph 9 that he is paternal uncle of Naxalite Commander Raju Salam, who is absconding and is actually involved in the Naxalite movement and taking into consideration his role in the offence in question and material against him and that there is no change in the circumstances from the date of dismissal of their appeal which has been affirmed by this Court on 20-10-2022 and further considering that it has not been even argued that his case is similar to that of Arun Thakur, we do not find any ground to grant bail to appellant No.1 Mukesh Salam. Accordingly, this appeal so far as it relates to appellant No.1 Mukesh Salam, stands dismissed. 10. Considering the submission of learned counsel for the appellant No.2 who have inv....