1 2025:CGHC:55069-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 869 of 2025 Yashwant Rao Chauhan S/o Late Shivaji Rao Chauhan Aged About 64 Years R/o Daspara Dandwan, P/s Farasgaon, Dist. Narayanpur (C.G.) --- Appellant versus State Of Chhattisgarh Through Station House O1cer, P/s Farasgaon, Dist. Narayanpur (C.G.) --- Respondent For Appellant : Mr. Shailendra Dubey, Advocate. For Respondent(s) : Mr. Shashank Thakur, Deputy Advocate General. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 12/11/2025 1 By this appeal under Section 21(4) of the National Investigation Agency Act, 2008 (for short, the NIA Act), the appellant seeks to challenge the order dated 01.04.2025 passed by the learned Special Judge, NIA Act/Scheduled O:enses, Narayanpur, District Narayanpur, in Sessions Trial No. 7/2025, arising out of Crime No. 2/2024, registered at Police Station, Farasgaon, District Narayanpur, for the o:ences under Sections 147, 148, 149, 302, 120B of the Indian Penal Code and Sections 25, 27 2 of the Arms Act, Section 10(A)(B), 13(1)(2), 20, 38(2), 39(1)(2) of the Unlawful Activities (Prevention) Act. 2 According to the prosecution case, the appellant is alleged to have enmity with the deceased Panchamdas who was Up Sarpanch of village Dandwan who was done to death by the naxalites. It is alleged that the appellant made a complaint against the deceased to the Naxalites after which the deceased was murdered in the intervening night of 15/16.04.2024. As such, the appellant was arrested by the police on 19.12.2024. 3 Mr. Shailendra Dubey, learned counsel for the appellant submits that nothing incriminating has been seized from the possession of the appellant. The appellant has been falsely implicated in this case and he has no relationship with the naxalites. The appellant is an old man aged about 64 years and even the FIR does not contain the name of the appellant. The appellant has been made accused in the case merely on the basis of memorandum statement of co-accused Dhaniram. The appellant has no criminal antecedents. The investigation has already been concluded and there are as many as 48 witnesses out of which about 40 witnesses are to be examined and the conclusion of the trial would take quite long time. Hence, he prays that the appellant may be released on bail. 4 On the other hand, Mr. Shashank Thakur, learned Deputy Advocate General appearing for the State/respondent submits that the allegations against the appellant are grave in nature and as such, this appeal deserves to be rejected. 3 5 We have heard learned counsel appearing for the parties, perused the materials available on record. 6 From perusal of the materials on record, it transpires that a complaint was made by the villagers in writing to the Collector regarding some corrupt practices being done by the deceased who was the Up Sarpanch. The appellant is alleged to have handed over a copy of the complaint letter to the Naxalities, which was drafted for submitting before the Collector. However, it is an admitted position that the said letter was signed by number of villagers and there is no prima facie evidence that the said letter was handed over to the Naxalities by the appellant which ultimately led to death of the deceased. 7 Considering the facts and circumstances of the case, particularly nature of allegation, material collected during the investigation against the present appellant, as well as further considering that no any incriminating articles have been seized from the present appellant, the appellant is having no criminal antecedents and also that he is in jail since 19.12.2024 and Cnal adjudication of the case will take its own time, therefore, without commenting anything on merits of the case, the impugned order rejecting the bail application of the appellant dated 01.04.2025 is hereby set aside and the appeal is allowed. 8 Let the appellant-Yashwant Rao Chauhan involved in Crime No. 2/2024 registered at Police Station Farasgaon, District Narayanpur, for the o:ences under Sections 147, 148, 149, 302, 120B of the Indian Penal Code and Sections 25, 27 of the Arms Act, Section 10(A)(B), 13(1)(2), 20, 38(2), 39(1)(2) of the Unlawful Activities (Prevention) Act, be released on bail on his executing bail bond to the satisfaction of the concerned trial Court with two local sureties, on following conditions :- 4 (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial; (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial; and, (iv) He shall not involve himself in any o:ence of similar nature in future. 9 The trial Court is directed to expedite the trial and conclude the same expeditiously preferably within a period of six months from the date of production of certiCed copy of this order and the appellant shall cooperate in the expeditious disposal of the trial and if he fails to appear or takes unnecessary adjournment, the trial Court will be at liberty to cancel his bail bonds and take him in custody. 10 O1ce is directed to send a certiCed copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.11.13 12:47:10 +0530