Abhay Devdas Nayak v. the State of Chhattisgarh

Chhattisgarh HC4 Nov 2022CRA/989/2021

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AT BILASPUR Criminal Appeal No. 960 of 2021…

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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Criminal Appeal No. 960 of 2021 Judgment Reserved on : 20.10.2022

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Judgment delivered on : 04.11.2022

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Abhay Nayak, S/o. Devdas Nayak, Aged About 35 Years,
Currently Incarcerated as Jagdalpur Central Jail, Civil
Lines, Jagdalpur, Chhattisgarh 494001

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---Appellant

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Versus

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The State of Chhattisgarh through Station House Officer
of Police Station Mardum, Distrct Bastar, Chhattisgarh.

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---Respondent

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Criminal Appeal No. 983 of 2021

`For Appellant`	`:-`	`Mr. Shailendra`	`Dubey and Ms.`
		`Shivali Dubey,`	`Advocates`
`For State`	`:-`	`Mr. Animesh Tiw`	`ari, Dy. A.G.`

Abhay Devdas Nayak Vs the State of… — Pension and Retirement Benefits | Chhattisgarh HC (2022)

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`CRA` `No.`	`Spl.ST.` `No.`	`Cr.No.`	`Police` `Station`	`Offence U/s.`
`960/2021`	`109/2018`	`7/2017`	`Mardam,` `Dist.Bastar`	`120-B of the Indian` `Penal Code;`
				`13(1)(b), 18, 38 &` `39(2)` `of` `the` `Unlawful Activities` `(Prevention)` `Act,` `1967; and` `8(1)(3)(5) of the` `Chhattisgarh Special` `Public Security Act,`
`983/2021`	`105/2018`	`7/2017`	`Darbha,` `Dist.Bastar`	`120-B of the Indian` `Penal Code;` `4 & 5 of the` `Explosive Substances` `Act, 1908;` `13(1)(b), 18, 38 &` `39 (2) of the` `Unlawful Activities` `(Prevention) Act,` `1967; and` `8(1)(3)(5) of the` `Chhattisgarh Special` `Public Security Act,` `2005`
`989/2021`	`110/2018`	`7/2017`	`Kodenar,` `Distt.Bastar`	`120-B of the Indian` `Penal Code;`
				`4 & 5 of the` `Explosive Substances` `Act, 1908;`
				`13(1)(b), 18, 38 &` `39(2)` `of` `the` `Unlawful Activities` `(Prevention)` `Act,` `1967; and`
				`8(1)(3)(5) of the` `Chhattisgarh Special` `Public Security Act,` `2005`

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rejected by the learned Special Judge against which
the appellant preferred three criminal appeals
bearing Criminal Appeal Nos. 1212/2019, 1146/2019 &
1216/2019. All these criminal appeals under Section
21(4) of the National Investigation Agency Act were
dismissed by this Court by a common order dated
20.12.2019 against which the appellant preferred a
Special Leave to Appeal (Crl.) No(s). 6390-
6392/2020 and their Lordships of the Supreme Court
by order dated 12.01.2021 passed the following

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application in all the three trials for grant of
bail under Section 439 of Cr.P.C. which came to be
rejected by the three impugned orders separately
passed, against which these three appeals have been
preferred by the appellant questioning the orders

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5.Case of the prosecution, in brief, is that on
28.01.2017 the Incharge of the Police Station
Darbha, District Baster (C.G.) received secret
information that the naxalites/Maoist armed with
deadly weapons gathered in the middle of village
Bhadrimahu and Urukpal, then the Incharge of Police
Station Darbha alongwith other staff went to spot,
where, the police has found pamphlets, documents
(literature) and steel made IED tifin bomb. The
police has seized the aforesaid articles and
registered Dehati Nalishi and thereafter wheels of
investigation started running. On perusal of the
seized documents, it was noticed that the names of
Maoist Commander Abhay and Vikalp are mentioned in

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[email protected] are also mentioned in the
literature documents. Upon futher investigation, it
was found that the aforesaid e-mail ID is created
by the appellant Abhay Nayak and he is operating a
blog namely Naxal Revolution, which contained the
materials of banned organization CPI Maoist. In
relation to the aforesaid mobile number and e-mail
ID, the Police has gathered information from the

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Cyber Cell, which discloses that mobile no.
9448765435 belongs to the present appellant Abhay
Nayak, R/o Bangaluru (Karnataka) and pursuant
thereto he was arrested from Bangaluru (Karnataka)
and he was brought to Jagdalpur and interrogation
was made and thereby it is brought to the notice of
the police that the appellant Abhay Nayak involved
in the naxal activity and he is a part of urban
network of naxal organization and he is working to
look after the publicity of naxal activity and to
connect the people with naxal movement through his
Internet Blog and other sites, i.e. Twitter,
Google, Plus, Yahoo etc. It also came to the
knowledge of the police that the appellant herein

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Police led by the Station House Officer reached to
the place and found a banner and anti national
contents and few naxal pamphlets written in English
propagating naxal movement. On search of nearby

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mail ID and mobile number written over the seized
articles, which were further investigated on which
one person appellant Abhay Nayak, R/o. Bangalore
(Karnataka) was suspected as a person who has
committed the offences.

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8.It is further case of the prosecution that when the
police team reached to Bangalore (Karnataka), the
appellant was not available in the country, he was
travelling abroad with unknown location, which
compelled the police authority to issue Look Out
Circular and in the meanwhile, the Immigration
Bureau, New Delhi, informed the Superintendent of
Police, Baster that the appellant has been taken
into custody. He was enquired by Baster Police at
Delhi and thereafter, upon his consent, Laptop,
Mobile, Hard Disk, Pen Drive, etc. were recovered
and brought to Baster for further investigation. In
his confessional statement, the appellant admitted
that for propagating naxal activities, he acts as a
Blogger and Spokesman via its Blog and Social Media
sites i.e. Twitter, Google+, Yahoo, etc. to
increase urban naxal cadre and influence urban
youths. The appellant was arrested on 1-6-2018 and

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9.It was also case of the prosecution that the
appellant is a member of over ground cadre of CPI
(M) and he was found using the e-mail ID to
propagate naxal movement and ideology. The
appellant opened the Blog Abhay Naxal Revolution in
the year 2011. He has deleted certain incriminating
articles though which were later on recovered
during data analysis. The appellant runs the blog,
receives e-mails and disseminates to others and
hence, the appellant is actively working as member
of over ground cadre of CPI(M). He is also involved
in online recruitment of naxal cadre.

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of the appellant filed under Section 439 of Cr.P.C.
finding prima facie material for involvement of the
appellant for the offences charged against him, as
he is involved in naxal movements and he has blog
of Naxal Revolution which is filled with the
contents relating to the organization CPI Maoist
and considering the other materials on record he is
not entitled for grant of regular bail, against
which, these appeals have been preferred.

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that in Criminal Appeal No.960/2021 which arises
out of Special Case No.109/2018, 15 witnesses have
been examined and most of the witnesses have not
supported the case of the prosecution and they have
completely turned hostile and the appellant is in
jail for more than 4 ½ years and for the offences
punishable under Sections 38 and 39 of the UAPA
Act, maximum sentence is up to 10 years. He further
submitted that the appellant is resident of
Bangalore City and all the posting of e-mails and
other electronic media blog platform is done
through the City of Bangalore, as such, there is no
jurisdiction of Chhattisgarh police to enquire into
the matter and arrest the appellant. Therefore, the

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entire investigation done by the Bastar police is
without jurisdiction. He also submits that the
appellant's alleged confession before the police is
barred under Section 25 of the Evidence Act and
cannot be relied upon, as the material adduced in
the charge- sheet does not substantiate or lend the
slightest weight to any of the allegations made
against the appellant. He also submits that there
is no material on record to show that seditious

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allegations made against the appellant are purely
conjectures based entirely on suppositions and
presumptions. He submits that the prosecution has
adduced no evidence to support the charges under
Section 18 UAPA and Section 9 of CSPSA. Prosecuting
the appellant for offences under Section 120 B of
I.P.C., Section 13(1)(B), 38 and 39(2) of UAPA and
Section 8(1) and 8(3) of CSPSA on the basis of
material included in the charge sheet submitted is
barred under Article 20(2) of the Constitution of
India. The incriminating handwritten notes seized
from the appellant's house have not been placed in
the charge sheet, therefore, no adverse inference

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against the appellant can be drawn and on that
basis the appellant cannot be implicated in any way
and, as such, no offence as alleged under Section
39(2) and under Section 8(1) and 8(3) of CSPSA and
offence under Section 120-B OF IPC are not made out
against the appellant. Therefore, the appellant
deserves to be released on bail by setting aside
the impugned orders rejecting his applications
under Section 439 of Cr.P.C.

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the completely banned naxal organization. He
further submits that the appellant is the crucial
source of urban network of naxal organization. He
was playing very crucial and important role for
publicity of naxal activities through the sources
of internet and such an act of the appellant is
dangerous to the public at large. It is submitted
that since the investigation revealed that the
appellant is also a member of the Coordination
Committee of Maoist Party and Organization of South
Asia and from the appellant currencies of as many
as 15 different countries were seized including the

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currencies of Nepal, Uganda, Indonesia etc. and
upon electronic examination of Laptop signatures
affixed on pamphlets which was seized on
28.02.2018, a digital signature was also seized
from his Laptop. It is also submitted that the
appellant has received certain amount in his Bank
Account through electronic mode of Google since
2010 till 2018, which was Rs.17,49,881/- from
international sources. As such, learned Special
Judge is absolutely justified in rejecting the bail
application of the appellant and these appeals have
no merit and deserves to be dismissed.

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has framed the charges by order dated 31.12.2019
and the appellant is facing three criminal trials
and as per record available in Spl.S.T.No.109/2018
fifteen witnesses have been examined, in
Spl.S.T.No.110/2018 twelve witnesses have been
examined and in Spl.S.T.No.105/2018 ten witnesses
have been examined. However, the proviso to Section
43D(5) of UAPA would show that such accused person
shall not be released on bail or on his own bond if
the Court, on a perusal of the case diary or the
report made under section 173 of the Code is of the
opinion that there are reasonable grounds for
believing that the accusation against such person
is prima facie true.

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18.Considering the material available on record, it is
apparent that the appellant is a member of over
ground cadre of CPI(M) and also found using the e-
mail ID to propagate naxal movement and ideology
and he has opened the Blog Abhay Naxal Revolution
and is actively involved in online recruitment of
naxal cadre. He was also found to be using proxy
server to hide his identity and he is also found to
have officially created 'CPI Maoist Naxalite' blog
and also wrote his blogs as 'abhaynaxalrevolution'
to hide his overtly and expressly Maoist
connection. It also appears from record that he is

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Party and Organization of South Asia and also
traveling records of 15 countries and having an
amount of Rs.17,49,881/- from international sources
and from other material available on record, which
completely furnished reasonable ground for
believing that the allegation against the appellant
is prima facie true. We are of the opinion that the
appellant has failed to make out a case for grant
of bail under Section 439 of Cr.P.C. and the

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learned Special Judge is absolutely justified in
rejecting his application in all the three cases.
Accordingly, we do not find force in these criminal
appeals and they are accordingly dismissed.

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19.It is made clear that observation made herein is
only for the purpose of deciding appeals preferred
against the orders rejecting applications under
Section 439 of Cr.P.C. It should not be taken as
opinion on merits of the matters and learned
Special Judge will decide the trial on its own
merit strictly in accordance with law without being
influenced by any of the observations made
hereinabove.

Abhay Devdas Nayak v. the State of Chhattisgarh

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