1 CRA No. 1219 of 2025 2025:CGHC:43580-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1219 of 2025 Santosh Kumar Gupta S/o Ram Kumar Gupta Aged About 32 Years R/o Kalpana Chawla Chowk Ward No. 15 Sanjaypara, Bhairamgarh District Bijapur Chhattisgarh. Appellant versus Union Of India Through National Investigation Agency, Sector 24, Atal Nagar, Naya Raipur, Raipur Chhattisgarh. Respondent(s) (Cause-title taken from Case Information System) For Appellant : Mr. Rajeev Shrivastava, Senior Advocate along with Ms. Sakshi Chabra, Advocate For Respondent/NIA : Mr. B. Gopa Kumar, Advocate along with Mr. Himanshu Pandey, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 28/08/2025 1. This appeal under Section 21 (4) of the National Investigation Agency Act, 2008 has been filed by the appellant after aggrieved with the order RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.08.29 17:55:48 +0530 2 CRA No. 1219 of 2025 dated 26/04/2025 passed in Special N.I.A. Case No. 07/2024by the Special Judge N.I.A/Scheduled Crime Baster, Place Jagdalpur (C.G.), thereby rejecting the second bail application preferred by the appellant. 2. (a) Facts of the case are that on 11.01.2023, the police received a secret information that Santosh Gupta, resident of Bhairamgarh Sanjaypara, was in possession of unused bullets and was expecting delivery of a pistol, allegedly intended to be supplied to Hungo Madkami alias Hunga, an active Maoist/Naxalite and Area Committee Member (ACM) of Bhairamgarh, as well as President of Revolutionary People’s Committee (RPC), Kotmeta. Acting on this information, a police team comprising Sub-Inspector Pankaj Ghar, Constables Bhansingh Padmakar (508) and Jitendra Bhagat (318) apprehended Santosh Gupta near Sanjaypara. On search, 03 live cartridges (engraved “KF 325 BWL”) and one NARZO mobile phone were recovered. As the appellant had no valid documents for possession of the cartridges, a seizure memo was prepared. (b) During interrogation, Santosh Gupta disclosed that Prince Sharma from Bijapur was going to deliver the pistol. At about 19:30 hours, during vehicle checking, two persons on a white Hero Extreme motorcycle were intercepted. On identification by Santosh Gupta, one of them was confirmed as Prince Sharma. On search, a revolver with ‘MADE IN USA’ markings and a Samsung Galaxy mobile phone were recovered from Prince Sharma, while a white Samsung mobile was 3 CRA No. 1219 of 2025 recovered from the co-accused Vijay Sahu. A search and recovery panchnama was prepared, and Prince Sharma was served a notice under Section 91 CrPC to produce valid documents regarding the weapon. (c) In his written reply, co-accused Prince Sharma admitted that he had no license or valid documents for the weapon. His statement under Section 27 of the Evidence Act was recorded in presence of witnesses. The pistol and motorcycle bearing registration No.CG-20-J-6404 were seized as per seizure memo. The police arrested Santosh Kumar Gupta on 11.01.2023, registering offences under Section 34 IPC, Section 25 Arms Act, Sections 13(1), 38(2), 39(2) of the Unlawful Activities (Prevention) Act. (d) After arrest, the appellant filed an application under Section 483 Bhartiya Nyaya Sanhita for grant of bail before the Special Court (NIA), Jagdalpur, District Bastar (C.G), which was rejected on 26.04.2025 by the Special Judge (NIA). From the order impugned, it is evident that his first bail application dated 15.5.2024 was already rejected by the learned trial Court. 3. Learned counsel for the petitioner would submit that the appellant has been falsely implicated in the present case. He has not committed any act attracting offences punishable under Section 34 of IPC; 25 Arms Act; and Sections 13(1), 38(2), 39(2) of the Unlawful Activities (Prevention) Act. The appellant has been arrayed as an accused without any cogent evidence, solely on the basis of suspicion, surmises, and conjectures. 4 CRA No. 1219 of 2025 The appellant has been suffering from chronic lung disease, including tuberculosis, and requires regular medical treatment in a hospital equipped with proper facilities as he has been in custody since 11.01.2023. Learned counsel for the appellant would submit that all material witnesses pertaining to him have already been examined, and further prolongation of the trial is only on account of proceedings against absconding accused persons, in respect of whom supplementary charge- sheet has been filed. 4. Learned counsel appearing on behalf of the NIA, at the very outset, would submit that there have been five criminal cases registered against the present appellant including the present one i.e. Crime Nos. 25/2013, 26/2013, 47/2016, 19/2019 and 01/2023. In crime No. 47/2016, the offence under Section 302 IPC has been registered against the appellant, which itself shows that the appellant has been frequently involved in the criminal activities. He would submit that in the case in hand, there were total 8 accused persons (five accused in first charge-sheet and three in second charge-sheet). He would submit that out of 25 prosecution witnesses, 13 have already been examined. Learned counsel would submit that the appellant is supplying the arms and ammunition to an active maoist and naxalite namely Hungo Madkami alias Hunga, who is the area Committee Member (ACM) of Bhairamgarh and the President of Revolutionary People’s Committee (RPC), Kotmeta. Against said 5 CRA No. 1219 of 2025 Hungo Madkami alias Hunga, more than 50 criminal cases registered. Thus, this Criminal Appeal claiming for bail, is liable to be dismissed. 5. We have heard learned counsel for the parties and perused the documents appended with the appeal memo. 6. Bare perusal of the material placed before us would show that on 11.01.2023, the police after getting some secret information intercepted the appellant, who was found possession of unused bullets and was expecting delivery of a pistol, intended to be supplied to Hungo Madkami alias Hunga, an active Maoist/Naxalite and Area Committee Member (ACM) of Bhairamgarh, as well as President of Revolutionary People’s Committee (RPC), Kotmeta, against whom, more than 50 cases have already been registered. Apart from this, from the contention made by learned counsel for NIA, it is apparent that more than 05 criminal cases have been registered against the appellant including the present one, wherein one is for murder too. 7. Considering the entire facts situation of the case; particularly considering the seriousness of the allegations; further considering the fact that 05 criminal cases have already been registered the appellant; the fact that he is supplying arms & ammunition to the hardcore naxalite; and also the fact that the trial is in progress and out of 25 prosecution witnesses, 13 have already been examined and they have supported the prosecution case, this Court does not deem it appropriate to extend the benefit of bail to the appellant. 6 CRA No. 1219 of 2025 8. Accordingly, the present appeal is dismissed. However, the trial Court is directed to expedite the trial, preferably within a period of four months, from the date of passing of this order. S Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri