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2025 DAILYLAW 7020 (CHH)

RAVA KOSA v. STATE OF CHHATTISGARH

MCRC/935/2025 · 2025-02-03

body2025

Judgment text

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1 2025:CGHC:6073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 935 of 2025 1 - Rava Kosa S/o Late Shri Rava Dula Aged About 45 Years. 2 - Kalmu Dhruva S/o Nanda Aged About 43 Years. Both are R/o Village Tetemadgu, P.S. Kistaram, Tehsil - Konta, District - Sukma, Chhattisgarh. ... Applicants. versus • State Of Chhattisgarh Through Station House Officer, Police Station Kistaram, District Sukma, Chhattisgarh. ... State/Respondent. For Applicants : Shri Ishwar Jaiswal, Advocate. For State : Shri UKS Chandel, Deputy AG. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.02.04 16:23:29 +0530 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 02/2024 registered at Police Station, Kistaram, District Sukma (C.G.) for the offence punishable under Sections 4 and 5 of Explosive Substances Act. 2. Case of the prosecution, in brief, is that on the basis of secret information received from informant that unknown persons have kept illegal explosive substances in their possession, Police Station Kistaram conducted a raid and seized 3 Kg steel tifÏn bomb, 3 nag detonator, kodex wire approx 2 feet and 25 meters electric wire from place of incident in open area. Based on the said incident, aforesaid offence has been registered against the present applicants. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case. He submits that recovery of explosive items i.e. 3 Kg steel tifÏn bomb, 3 nag detonator, kodex wire approx 2 feet and 25 meters electric wire has been made from Applicant No.1-Rava Kosa whereas, no recovery has been made from Applicant No.2. They are in jail since 09.02.2024 and Charges have been framed but till date no prosecution evidence has been recorded, conclusion of trial is likely to take considerable time. Considering the backdrop, applicants may be enlarged on bail. 4. Learned counsel appearing for the State would oppose the bail application and would submit that both the applicants upon seeing the Police tried to flee from the place of occurrence but were arrested on the spot and explosives have been recovered from Applicant No.1. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicants as also the submission of learned counsel for the parties and the recovery of explosives goes to show that both applicants were indulged in naxalite act at Baster, Dantewada. Hence, I am not inclined to grant bail to the applicants. 7. Accordingly, the bail application of the applicants- Rava Kosa and Kalmu Dhruva involved in Crime No. 02/2024 registered at Police Station, Kistaram, District Sukma (C.G.), for the offence punishable under Sections 4 and 5 of Explosive Substances Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Avinash