LINGE TATI Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the order dated 25.11.2020 passed by learned Special Judge (NIA Act), Bastar at Jagdalpur, by which the appellants application for grant of bail under Sec. 439 of the CrPC has been rejected by the Special Judge for offences under Sections 147, 148, 149, 302, 396, 307, 121A and 120B of the IPC, Sections 25(1A) and 27(3) of the Arms Act, Sections 3 and 5 of the Explosive Substance Act and Sections 13, 16, 17, 18(A), 19, 20, 23, 38, 39 and 40 of the Unlawful Activities (Prevention) Act.

(2.) The prosecution case is that in an incident of bomb explosion on 9.4.2019, four police personnel and Bhima Mandavi, a member of Legislative Assembly died. The NIA carried out investigation and filed charge sheet before the Special Court, involving as many as 35 accused including the present appellants also. The allegation against the present appellants is that the appellants were also involved in the alleged conspiracy along with co-accused under which they were assigned the role of collecting electric wire for being used for lying explosives. It is alleged that with the use of the wire procured by the present appellants underground explosive exploded resulting in death of MLA Bhima Mandavi, five police personnel and many injured.

(3.) Mrs.Madhu Nisha Singh, learned counsel for the appellants, would submit that applicant No.1 is woman, aged about 25 years and she is in custody since 28.7.2020 and there is no evidence against the present appellants except memorandum statements of Markam Tati and Laxman Jayaswal and on that basis, the appellants have been prosecuted and except that, there is no evidence on record against the present appellants.