1 2025:CGHC:53916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8743 of 2025 1 - Sukmi @ Lakhmi Padda D/o Shri Pandu Ram Padda Aged About 25 Years Caste Madiya Gond, R/o Village Rawanadi, Tahsil Kohkameta, District Narayanpur,Chhattisgarh 2 - Lakhmu Ram Padda S/o Late Shri Miluram Padda Aged About 45 Years Caste Madiya Gond, R/o Village Rawanadi, Tahsil Kohkameta, District Narayanpur Chhattisgarh (Detail Of The Applicants Have Not Mentioned In Annexure A-1) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Partapur District Kanker Chhattisgarh ... Non-applicant For Applicants : Mr. Ishwar Jaiswal, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 12:04:50 +0530 2 bail to the applicant who has been arrested in connection with Crime No. 07/2025 registered at Police Station – Partapur, District – Kanker (C.G.), for the offence punishable under Section 25 of the Arms Act and Sections 4 & 5 of the Explosive Substances Act. 2. As per prosecution story in brief is that the concerned police station Partapur received secret information through the informant that on the date of incident, unknown persons have kept illegal Explosive Substances and police has seized Explosive Substances of some items from place of incident at open place and as a result thereof, police has registered offence publishable under section 25 of the Arms Act and section 4, 5 of Explosive Substances Act against the applicants. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. He further submits that in the present case, having no nexus whatsoever with the incident alleged by the prosecution. There is no evidence to establish their exclusive possession of the articles mentioned in the seizure memo, as the seizure witnesses have not supported the prosecution version. The prosecution has also failed to comply with the mandatory provisions of the Explosive Substances Act, and the concerned police station did not conduct a proper investigation before lodging the FIR against the applicants. No illegal explosive substances have been seized from their possession. The allegations levelled against the 3 applicants are false, fabricated, and without any basis. The applicants have neither committed the alleged offence nor have they been involved in any manner but have been wrongly arrested by the police. The applicants reserve their right to raise any other grounds and to submit all relevant documents before this Hon’ble Court at the time of hearing. The applicants are permanent residents of the village mentioned in the cause title of this bail application, therefore, there is no likelihood of their absconding or tampering with evidence. The applicants are ready and willing to furnish adequate surety and undertake to abide by all such directions and conditions as may be imposed by this Hon’ble Court, therefore, he prays for releasing the applicants on regular bail. 4. Learned State Counsel opposed the bail application and submitted that during a search operation in the forest area of Village Bhindi, the applicants/accused were found hiding and were apprehended. Pursuant to their memorandum statements, a large quantity of arms, explosives, and Naxal-related materials were recovered from their possession. It is further submitted that these articles were stored at their house on the instructions of absconding co-accused and Jantana Sarkar member, Ranu Padda. Considering the gravity of the offence and the nature of the seized materials, the applicants/accused are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the 4 case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offences alleged against the applicants/accused, and upon perusal of the case diary, it is revealed that during a search operation conducted in the forest area of Village Bhindi, the applicants/accused were found hiding and were apprehended by the police after being surrounded. Pursuant to the memorandum statement of applicant/accused Sukhmi alias Lakhmi Padda, a large quantity of arms and Naxal- related materials including two Bharmar guns, insulation tapes, Naxal banners, mobile phones, Naxal dresses, literature, and medicines were recovered. Similarly, from applicant/accused Lakhmu Ram Padda, two Bharmar guns, forty-five cotton bombs, gunpowder, electronic materials, a solar panel, a tiffin box, and steel balls were recovered. The prima facie evidence also discloses that the applicants/accused were storing these arms and explosives in the veranda of their house at Kumudgunda on the directions of co-accused and absconding Jantana Sarkar member, Ranu Padda. The seized articles, which include explosive devices, Naxal literature, and weapons, clearly indicate the active association of the applicants/accused with unlawful and anti-national activities. Considering the seriousness of the offences, this Court is of the considered opinion that the applicants/accused do not deserve to be enlarged on bail. 7. Accordingly, the bail application stands rejected. 5 8. Accordingly, the bail application of the applicants – Sukmi @ Lakhmi Padda & Lakhmu Ram Padda involved in Crime No. 07/2025 registered at Police Station – Partapur, District – Kanker (C.G.), for the offence punishable under Section 25 of the Arms Act and Sections 4 & 5 of the Explosive Substances Act, are rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav