1 2025:CGHC:53809-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1722 of 2025 Anish Khan @ Annu Khan S/o Gaffar Bhai Aged About 55 Years R/o Samta Nagar Colony, Govindpur, Kanker, Police Station Kanker, District - Kanker Chhattisgarh ... Appellant Versus Union Of India NIA Raipur, Branch Naya Raipur, Raipur, Chhattisgarh ... Respondent For Appellants : Mr. K.A.Ansari, Senior Advocate (through Video Conferencing) assisted by Mr. Aman Ansari and Ms. Meera Ansari, Advocates. For Respondent : Mr. B. Gopa Kumar, Mr. Himanshu Pandey and Mr. Ismail Shaikh, Advocates. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 04/11/2025 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 07.05.2025 passed by the learned Special Judge (NIA Act) Bastar, Jagdalpur, in Special Sessions Case No. 16/2024, having RC- 2 04/2024/NIA/RPR, arising out of FIR No. 33/2024, dated 05.02.2024, registered at Police Station, Kanker, for the offences under Sections 120- B, 121, 121-A of the Indian Penal Code, Sections 4, 5 and 6 of the Explosive Substances Act and Sections 18, 20, 38 and 39 of the Unlawful Activities Prevention Act, 1967. 2 The case of the prosecution is that on 04.02.2024, on receiving of specific intelligence input about the presence of members of proscribed terrorist organization around village Mujalgondi and Kanagaon, followed by the orders of the senior police ofÏcers, a search operation team consisting DRG personnel Kanker led by Nirmal Jangde Inspector/DRG Kanker was formed. According to the operation plan, the DRG team consisting total 32 personnel along with arms and ammunition and man pack left from Police Line Kanker at 20:10 hours for search operation towards the forest area of Kanagaon, Mujalgondi. While searching the hill area of Mujalgondi village on 05.02.2024, at 06:10 hours, they saw two persons who were trying to hide themselves in jungle and hilly area. On the direction of team in-charge, both suspects were cordoned off and apprehended. On being asked their names and addresses, they disclosed their details as Vinod Awalam (A-1), Ashu Korsa (A-2). On being searched, incriminating materials i.e. one 12 bore single shot Gun(country made with black colour sealing), 05 Live Cartridges of 12 bore gun, about 200 gms. of explosives, 04 detonators, 06 Naxal literature, 01 Black Colour Torch, 01 pair dark blue-green colour lower and T-shirt, 01 Brown Colour Shawl, 01 Brown Colour Nylon Bag, Daily use material, 01 Light grey-white Colour backpack were seized from the possession of accused Vinod Awalam and one 8 m.m. automatic pistol, two 8 m.m. Pistol Magazines (8mm Pistol one magazine was containing 5 live cartridges along with Pouch), 2 BGL Shells, 5 detonators, 4 naxal 3 literature, 1 Brown Colour Shawl, Medicines in one plastic membrane and other daily use material, 1 Light grey- white colour back pack and 01 Brown Colour Nylon Bag were seized from the possession of accused Ashu Korsa. 3 On further interrogation both the accused persons stated and admitted that they were in possession of the seized material for launching an attack on police party. Thereafter they disclosed their identity as, Vinod Awalam, a member of Kuyemari Area Committee and Coordination and Protection Team Commander of the Central Committee Member of proscribed terrorist organization CPI (Maoist), and Ashu Korsa, a member of Kuyemari Area Committee and Coordination and Protection Team deputy Commander of the Central Committee member of proscribed terrorist organization CPI (Maoist). Subsequent to the above turn of events Nirmal Jangde, Inspector DRG gave a written complaint to Station House In-charge PS Kanker on which the SHO Kanker lodged the FIR 33/2024 dated 05.02.2024 under section 25 of the Arms Act 1959, Sections 4 and 5 of the Explosive Substance Act, 1908, Sections 23, 38(2) and 39(2) of the Unlawful Activities (Prevention) Act, 1967. The Central Government received information regarding registration of FIR No. 33/2024 dated 05.02.2023 at Kanker Police Station, District Kanker. Subsequent to the above turn of events, the Central Government was of the view that scheduled offence under the NIA Act, 2008 has been committed and giving high regard to the gravity of the offences and security ramifications, it was found necessary that the offence needed to be investigated by the National Investigation Agency in accordance with the NIA Act 2008. In pursuance of the opinion formed by the Central Government an order was issued exercising power under Section 6(5) read with Section 8 of NIA Act 2008, on 20.02.2024 vide Order No. 4 11011/20/2024/ΝΙA. In furtherance to the above order of the Ministry of Home Affairs, Government of India, NIA re-registered the said FIR as RC-04/2024/NIA/RPR on 22.02.2024. The respondent, after having conducted a thorough investigation in this matter, filed a charge sheet under Section 173 Cr.P.C on 02.08.2024 against accused Vinod Awalam (A-1) and Ashu Korsa (A-2) and both the accused persons are presently under judicial custody of learned NIA Special Court at Jagdalpur with the scope for the investigation agency to continue with further investigation in order to unearth larger conspiracy and role of all the accused person or other suspects involved in this case. During investigation, it has been revealed that the conspiracy meeting was held in the forest area of Mankot Village of Kiskodo area under the leadership of Prasad Tadami @Prakash and Sonu Hemla DVC of Kuyemari Area committee of CPI(Maoist), a proscribed terrorist organisation. In the said meeting, it was decided to launch an attack on the police party around village Mujalgondi with intention to kill them and further instructions were passed to both accused person Vinod Awalam (A-1) and Ashu Korsa (A- 2) to conduct recce to find out the route used by police party while transiting near the village Mujalgondi. Investigation revealed that on 03.02.2024, accused Vinod Awalam (A-1) and Ashu Korsa (A-2) had food at the house of Anil Kumar Netam @ Anil Netam @ Anil Kumar and at house of Jaysing Hidko at village Kalmuche, District Kanker. Investigation further revealed that on 05.02.2024, both the accused persons were involved in plan of attacking security forces around Village Mujalgondi. arms and ammunition, explosive, They alongwith detonator, BGL, Shells, Naxal literature were apprehended by police. 4 According to the prosecution, the appellant Anish Khan @Annu Khan (A- 3) was arrested on 04.02.2025 and was charge-sheeted by the NIA on 5 02.08.2025 in present case along with other 04 co-accused persons, and further investigation under Section 173(8) of Cr.PC was kept open. The present appellant was charge-sheeted for the offences under Sections 120B, 121, 121-A of IPC, sections 4, 5 and 6 of the Explosive Substance Act, and sections 18, 20, 38 & 39 of the UAPA. 5 Mr. Ansari, learned Senior Advocate appearing for the appellant submits that the appellant's son Mohd. Aaved runs a kirana store styled as "KGN Kirana and general store" in village Amabeda, Antagarh, District-Kanker. The appellant assists his son in the running of the Kirana shop. For the Diwali festival, the appellant's son Mohd. Aaved applied for the license of fireworks from the District Magistrate, North Bastar, Kanker and vide letter dated 21.10.2024, license in form LE-5 under the Explosives Rules, 2008 was given by the licensing authority. The appellant neither knows any member of the Naxalites nor has any association with any of their organization. The appellant is a pious Muslim and does not keep good health therefore, he occasionally sits in the shop to give time to his son for taking breakfast or lunch. He has no connection whatsoever with the shop of his shop from which fireworks are sold. 6 Mr. Ansari further submits that as per the charge-sheet, from the statement of the co-accused and some other persons, the appellant used to supply food grains and other things from his shop to the Naxalites and the fireworks that was allegedly obtained from the appellant's shop were used by the Naxalites to prepare firearms by taking out the explosives of the fireworks and on this basis, the appellant has been arrayed as an accused in the case. During the search of the shop and premises of the appellant's house no incriminating articles were found or seized. The appellant is a law-abiding citizen. Besides, he is sick for the last many 6 years and even from the order of the learned trial Court rejecting his bail application and impugned in this appeal, the report of jail doctor and jail authorities had been filed, and in the same it was stated that because of seriousness of his ailment, preparations are being made to send him to a higher health center for treatment. Hence, he prays that the appellant may be released on bail. 7 On the other hand, Mr. Gopa Kumar, learned counsel for the respondent submits that it revealed in the investigation that the appellant Anish Khan @ Annu Khan (A-3) is a supplier of arms and ammunition and an over ground worker of proscribed terrorist organisation CPI (Maoist). Further it revealed that, in the month of November 2023, the present accused Anish Khan @ Annu Khan had left explosives (fireworks), detonators, wires, Country made Gun, Walkie-talkie and Caps in the forest area of village Aalparas. The accused Vinod Awalam (A-1) and Ashu Korsa (A- 2) were in possession of material i.e. explosives (fireworks) and detonator and it was revealed during the investigation that these materials were to be used to launch an attack on police party. It was further revealed during the investigation that the present accused Anish Khan @ Annu Khan (A-3) is a hard-core associate and over ground worker of the proscribed terrorist organisation CPI(Maoist) for the last 20-25 years. He is also a supplier of arms and ammunition to the CPI (Maoist) and had been regularly providing logistics support to them. During the course of further investigation, it was revealed that the present appellant was actively involved in supporting the members of the proscribed terrorist organization CPI (Maoist) by way of helping them to procure illegal explosive materials. The protected witnesses 'A' and 'C' have categorically stated, under section 164 of CrPC, and protected witness 'B', 'D' & 'E' under section 161 of CrPC too have revealed that 7 the accused, Anish Khan (A-3), was associated with armed cadres of the proscribed terrorist organization CPI (Maoist). The role of the present accused with regard to the involvement in the present crime is also detailed in charge sheet. Hence, the present appeal deserves to be dismissed. 8 We have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 9 The allegations against the appellant herein is that he was actively involved in supporting the members of the proscribed terrorist organization CPI (Maoist) by helping them to procure illegal explosive materials. The protected witnesses have also stated that the appellant was associated with the armed cadres of the banned organization. The allegations against the appellant are very serious in nature as it relates to a conspiracy of launching an ambush upon the security personnel of the State. The seizure of arms, ammunition and other articles as aforesaid from the co-accused persons and from the statement of the co-accused persons the active involvement of the appellant is apparent, and prima facie it appears that the appellant is a hard core associate and over ground worker of the banned organization who has been supplying arms and ammunition to the Maoists and further provided logistic support, this Court is of the considered opinion that the appellant does not deserve to be enlarged on bail, at this stage as according to the learned counsel for the appellant, the charges have also been framed against the appellant. 10 Accordingly, this appeal stands dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.11.06 11:42:18 +0530