The High Court dismissed appeals against an order rejecting bail for appellants accused of terror funding. The Court held that their involvement in providing bank accounts for terror financing, despite claims of ignorance, precluded bail despite procedural arguments.
Appeals against the order rejecting bail were dismissed, maintaining the rejection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRA No.487/2019
NAFR
| HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 487 of 2019 |
|---|
| • Manendra Yadav, S/o Radheyshyam Yadav, Aged About 25 Years, R/o Irrigation Colony Akaltara, (Wrongly Mentioned As Vichai) Police Station Akaltara, District – Janjgir-Champa, Chhattisgarh ---- Petitioner Versus |
| • State Of Chhattisgarh, Through Station House Officer, Police Station - Civil Lines, Bilaspur, District - Bilaspur, Chhattisgarh ---- Respondent CRA No. 613 of 2019 |
| • Awadesh Dubey, S/o Tulesh Dubey, Aged About 26 Years, R/o Near Kanya Shala, Akaltara, Police Station Akaltara, Police Station Akaltara, District Janjgir Champa, Chhattisgarh ---- Petitioner Versus |
| • State Of Chhattisgarh, Through Station House Officer, Police Station Civil Line, District Bilaspur, Chhattisgarh ---- Respondent CRA No. 614 of 2019 |
| • Sanjay Dewangan, S/o Teekaram Dewangan, Aged About 26 Years, R/o Purani Basti, Janjgir, Police Station Janjgir, District Janjgir Champa, Chhattisgarh ---- Petitioner Versus |
| • State Of Chhattisgarh, Through Station House Officer, Police Station Civil Line, District Bilaspur, Chhattisgarh ---- Respondent CRA No. 765 of 2019 |
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CRA No.487/2019
---- Petitioner
Versus
---- Respondents
For Appellants Ms. Saumya Sharma and Ms. Sareena Khan, Advocates
For Respondent-State Shri Shailendra Dubey, Addl. AG and Shri Santosh Bharat, PL
Hon'ble Justice Shri Prashant Kumar Mishra
Hon'ble Justice Shri Gautam Chourdiya
Order On Board By Prashant Kumar Mishra J.
12/07/2019
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CRA No.487/2019
evidence against them prima facie connecting them with the alleged offence. Even if bank accounts and ATM's of some of the accused have been used for withdrawing amounts at different locations and those amounts have been used for terror funding, the appellants being not aware of such fact, they being innocent, they are entitled to be released on bail in view of the law laid down by the Supreme Court in the matters of Izharul Haq Abdul Hamid Shaikh and another vs State of Gujarat1 and Yakub Abdul Razak Memon vs State of Maharashtra2 . It is also argued that under Section 6 of the NIA Act, 2008, the State Government has to obtain prior permission from the NIA for proceeding ahead with the investigation, however, the same having not been complied with, there is serious lacuna in the prosecution case, therefore, for this reason also, the appellants deserve to be released on bail. It is also submitted that they are in jail for more than 2 years and the trial may take some time, therefore, for this reason also, they are entitled to be released on bail.
1 (2009) 5 SCC 283
2 (2013) 13 SCC 1
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CRA No.487/2019
Abdul Zabbar, an ISI agent, has close links with the persons involved in terrorist activities in Jammu Kashmir and provides funds to the stone pelters. Co-accused Satvinder Singh, resident of Camp Tekri, Police Station Meera Saheb, District Jammu and one Tahsem Lal were in contact with Abdul Zabbar. When Satvinder Singh was arrested by the Jammu Police on 10.11.2016, he revealed that he has used Rajeev @ Rajjan Tiwari in arranging funds, which were distributed to the stone pelters. When Rajeev @ Rajjan Tiwari was interrogated, he revealed to the Police that his relative Awadesh Dubey and his friends Sanjay Dewangan, Manendra Yadav and Mahendra Yadav have opened bank accounts on his asking and they later on handed over their ATM Cards for being used by Rajjan Tiwari and others as and when he was directed by Satvinder Singh and/or Abdul Zabbar for drawing funds for stone pelters. Withdrawals were made from the accounts of these persons at different locations in the country including places at Jammu Kashmir, Punjab, Delhi, Assam, U.P. etc.
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CRA No.487/2019
used for terror funding. It is strange as to how the appellants were not aware of deposit of huge funds, which is disproportionate to their source of income, in their bank accounts and likewise they were not aware as to withdrawal from their accounts at different locations across the country.
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CRA No.487/2019
force. Thus, sub-section (7) of Section 6 read with Section 10 fully authorizes the State Government to continue to investigate the crime relating to schedule offences without waiting for a formal communication from the NIA. The appellants have also argued that the accused being in jail for more than 2 years, they are entitled for bail due to length of pre trial detention, however, some of the offences alleged against the appellants carry punishment of imprisonment for life or death. Therefore, considering the nature of offence against the sovereignty and integrity of the country and the manner in which the appellants have allowed themselves to be used for terror funding, we are not inclined to allow the appeals to release the appellants on bail.
Sd/Sd/Prashant Kumar Mishra Gautam Chourdiya Judge Judge
Nirala
3 issues framed by the court
Whether bail should be granted to appellants accused of terror funding charges.
Whether lack of NIA prior permission under Section 6 invalidates the prosecution case.
Whether length of pre-trial detention warrants bail release.
Colour shows how this judgement treated each authority
Izharul Haq Abdul Hamid Shaikh and another vs State of GujaratReferred¶23
(2009) 5 SCC 283 · Who else cites this
Yakub Abdul Razak Memon vs State of MaharashtraReferred¶23
(2013) 13 SCC 1 · Who else cites this
6 provisions across 3 enactments
Manendra Yadav, Awadesh Dubey, Sanjay Dewangan, Satvinder Singh @ Bittu and others
State Of Chhattisgarh
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
