1 2026:CGHC:19033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2649 of 2026 1 - Karam Chandra S/o Late Shri Karam Kannna Aged About 36 Years Both Are R/o Village -Maraiguda (Ra), Police Station Errabore, Tahsil - Konta, District -Sukma (Chhattisgarh) 2 - Sodhi Enka S/o Shri Sodhi Mutta Aged About 40 Years Both Are R/o Village -Maraiguda (Ra), Police Station Errabore, Tahsil -Konta, District - Sukma (Chhattisgarh) ... Applicants versus The State of Chhattisgarh Through The Station House Officer, P.S. Errabore, District -Sukma (C.G.) ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advocate For Non-Applicant/State : Mr. Saumya Rai, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 10/2025 registered at Police Station- Errabore, District -Sukma, (C.G.) for the offence punishable under Sections 4 and 5 of the Explosive Substance Act, 1908. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that on 01.11.2025, the complainant, Balram Baghel, Sub-Inspector, along with other police personnel, proceeded towards the Gaganpalli forest for patrolling and search operations against Naxalite activities on the verbal directions of the Superintendent of Police. During the course of patrolling, the police party received credible information that certain Naxalite members were present in the forest area and were planning to cause harm to the police force by planting explosive materials and conducting reconnaissance of police movements. Acting upon the said information, the police team cordoned the area and noticed two suspicious persons attempting to flee, who were apprehended after a brief chase and disclosed their names as Karam Chandra and Sodi Anka. Upon search, the bag carried by applicant No. 1 allegedly contained 04 gelatine rods, about 03 meters of cordex wire, 02 pieces of firecracker atom bombs, and 10 Naxalite pamphlets, while the bag carried by applicant No. 2 allegedly contained 06 non-electronic detonators, 03 wooden spikes, about 03 meters of cordex wire, approximately 100 grams of gunpowder wrapped in black cloth, and 10 Naxalite pamphlets. On the basis of the aforesaid recovery, the present applicants were arrested, and an offence was registered against them, thereafter, upon completion of investigation, a charge-sheet has been filed before the competent Court. Hence, the present bail application. 3. Learned counsel for the applicants submits that the applicants are innocent, poor tribal villagers who have been falsely implicated in the present case merely on the basis of suspicion, without there 3 being any cogent or reliable evidence against them. It is contended that no explosive material has been seized from the conscious possession of the applicants and they were not even arrested from the spot, thereby creating serious doubt regarding their alleged involvement. The prosecution case is stated to be based solely on disclosure statements made before police officials, which are inadmissible in evidence in the absence of independent corroboration. It is further submitted that the allegation of the applicants being members or associates of any Naxalite organization is vague, baseless, and unsupported by any substantive material on record. The essential ingredients of Sections 4 and 5 of the Explosive Substances Act, 1908 are not attracted, as there is no evidence to show that the applicants used or attempted to use any explosive substance. He further submits that the applicants, being uneducated tribal villagers residing in a remote and highly Naxal-affected area, earn their livelihood through labour work and have been falsely implicated due to their presence in such an area. It is also argued that villagers in such areas often act under fear, coercion, and threat from extremist elements, and even if the applicants’ names surfaced during investigation, the same cannot be presumed to be voluntary participation in any unlawful activity. It is also submitted that the applicants have no previous criminal antecedents and they are in jail since 01.11.2025, the charge-sheet has already been filed and the trial is likely to take considerable time. It is thus submitted that mere residence in a Naxal-affected area cannot be equated with involvement in any 4 unlawful organization, and in absence of any criminal antecedents or incriminating material, the applicants deserve to be enlarged on bail. 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the charge- sheet has been submitted before the competent Court. He also submits that the present case involves serious offences relating to Naxalite activities, wherein the applicants were apprehended on the spot while attempting to flee from the forest area during a police operation conducted on credible intelligence. It is contended that incriminating articles, including gelatine rods, detonators, cordex wire, gunpowder, and Naxalite pamphlets, were recovered from the conscious possession of the applicants, clearly establishing that the recovery has been effected from them and directly connecting them with the alleged offence. The nature of the seized articles indicates preparation for causing explosions and endangering the lives of police personnel engaged in anti-Naxalite operations. It is further submitted that sufficient material has been collected during the course of investigation. Considering the gravity of the allegations, the manner of commission of the offence, and the involvement of the applicants in activities prejudicial to public safety and national security, it is prayed that the applicants do not deserve the benefit of bail and the application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 5 6. Considering the facts and circumstances of the case, the nature and gravity of allegations, the submissions advanced by learned counsel for the parties, this Court finds that the applicants were apprehended at the spot while attempting to flee during a patrolling and search operation conducted on the basis of credible information regarding Naxalite activities. From the conscious possession of the applicants, incriminating articles, namely gelatine rods, non- electronic detonators, cordex wire, gunpowder, wooden spikes, firecracker atom bombs, and Naxalite pamphlets, have been recovered, which prima facie indicate their involvement in preparation for explosive activities intended to cause harm to the police force. The contention of the applicants regarding false implication and lack of evidence does not inspire confidence at this stage in view of the specific and direct recovery effected from them. The material collected during investigation, as reflected in the charge-sheet, establishes a prima facie case against the applicants under the relevant provisions of the Explosive Substances Act, 1908. Considering the serious nature of the allegations, the manner in which the offence has been committed, its nexus with Naxalite activities affecting public safety and national security, and the gravity of the offence, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, the bail application of applicants – Karam Chandra and Sodhi Enka, involved in Crime No. 10/2025 registered at Police Station- Errabore, District -Sukma, (C.G.) for the offence punishable under Sections 4 and 5 of the Explosive Substance Act, 6 1908, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan