Kashyap Kumar Patel vs State Of Chhattisgarh

Prashant Kumar Mishra, J

Heard.

The applicants have preferred this application filed under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with

crime No.14/2017 registered in Police Station Koyalibeda, District Kanker (CG) for the offence punishable under Sections 17, 20, 40 & 40 (2) of the

Unlawful Activities (Prevention) Act, 1967 and Sections 21(12)/177, 105/177, 191/177, & 184 of the Motor Vehicles Act, 1988.

The father of the applicant No.1 is a tendu patta contractor having entered into an agreement with the Chhattisgarh State Minor Forest Produce

(T&D) Cooperative Federation Limited (for brevity 'the Federation') for collection of Tendu Leaves for the season 2017-18. When the applicants

were traveling towards Koyalibeda, District Kanker in a vehicle bearing registration No.MH 35 P 5127 (Innova), the said vehicle was intercepted by

the Police of Border Security Force (BSF) at about 4.25 pm on 26-5-2017 in which they found cash to the tune of Rs.24.43 lacs in a briefcase. On

suspicion that the said amount might have been intended to be transferred to naxalites, the persons traveling in the vehicle, vehicle itself and the

amount were handed over to the Koyalibeda police and thereafter, the present crime has been registered against the present applicants.

It is argued that the Assistant Commandant, BSF, wrote a letter to the SHO, PS Koyalibeda vide Annexure - A/4 dated 26-5-2017 itself along with

a declaration of articles recovered from the vehicle, which does not contain seizure of any naxalite literature, therefore, the allegation that the

applicants were also found to be possessed of naxalite literature, which, prima facie, proves that the amount was intended to be transferred to

naxalites is a cooked up story.

Referring to the details of cash withdrawal from the State Bank of India, Gondia (Maharashtra) vide Annexure - A/5, it is further argued that the

amount was withdrawn by M.G. Patel & Bros. of which applicant No.1's father is a Director and it was he who had signed the agreement with the

Federation, therefore, it is not a case of transfer of amount to naxalites. The applicant was lawfully doing the business of his father's company. It is

also argued that in almost similar matters the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Cri. Application (BA) No.579 of 2017

(decided on 27-7-2017) and the High Court of Madhya Pradesh Jabalapur in M.Cr.C.No.9903 & 11764 of 2017 (both decided on 31-8-2017) have

allowed the bail to the accused persons.

On the other hand, learned counsel appearing for the State would seriously oppose the prayer for grant of bail. According to him, seizure of naxalite

literature cannot be doubted at this stage. He would submit that considering the seriousness of the crime, the applicant is not entitled to be released on

bail.

In the matter before the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Cri. Application (BA) No.579 of 2017 a sum of Rs.75.00

lacs and naxalite literature were recovered from the accused, however, the Bombay High Court has allowed the bail. Similarly, in M.Cr.C.Nos.9903

& 11764 of 2017 the High Court of Madhya Pradesh has allowed bail to similarly placed accused persons. Photocopy of the bail orders passed by the

High Court of Bombay and High Court of Madhya Pradesh have been produced by the applicants. The same are retained in the record.

Even though the applicants cannot claim parity on the basis of the orders passed by the High Courts of Bombay & Madhya Pradesh, however, it

appears, those accused persons were also facing similar charges.

In the present case when the Assistant Commandant, BSF, informed about the seizure of Rs.27.43 lacs from the applicants by letter dated 26-5-

2017 there is no reference of seizure of naxalite literature. The list of seized items and seized money has duly signed by Shri Prabhat Chaturvedi,

Assistant Commandant, BSF and the SHO, PS Koyalibeda. Moreover, the applicant's father has a subsisting contract with the Federation for

collection or purchase of tendu leaves, therefore, considering all the relevant aspects of the matter including the fact that the applicants are in

detention since 26-5-2017, this Court is inclined to release the applicants on bail. Accordingly, the application is allowed and the applicants are directed

to be released on bail on each of them executing a personal bond for a sum of Rs.1,00,000/- with two local sureties for the like amount to the

satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.