Chattisgarh High Court
Madkam Bhima vs The State Of Chhattisgarh on 12 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11972
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2303 of 2026
1 - Madkam Bhima S/o Late Shri Madkam Dulla, Aged About 39 Years
R/o Village Veerapuram, Police Station Gollapalli, District- Sukma (C.G.)
2 - Sodi Lachhu S/o Late Shri Pojj Aged About 35 Years R/o Village
Veerapuram, Police Station Gollapalli, District- Sukma (C.G.)
3 - Dudhi Pandu S/o Late Shri Hunga, Aged About 36 Years R/o Village
Veerapuram, Police Station Gollapalli, District- Sukma (C.G.)
4 - Madkam Deva S/o Late Shri Deva Aged About 29 Years R/o Village
Veerapuram, Police Station Gollapalli, District- Sukma (C.G.)
... Applicants
versus
The State of Chhattisgarh Through The Station House Officer, P.S.
Gollapalli, District- Sukma (C.G.)
... Non-applicant
For Applicants : Mr. Ishwar Jaiswal, Advocate
For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
12.03.2026
1.This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 02/2019 registered at Police Station - Gollapalli, District- RAHUL DEWANGAN Sukma (C.G.), for the offence punishable under Sections 147, 148, Digitally signed by RAHUL DEWANGAN 2 149, 307 and 120-B of the Indian Penal Code, 1860, Sections 25 and 27 of the Arms Act and Section 4 of the Explosive Substances Act.
2. The prosecution story, in brief, is that on 05.05.2019 a police party from Police Station Gollapalli had proceeded towards the Ramapuram-Musalmadugu area for security arrangements and area domination duty in connection with the road construction work from Gollapalli to Konta. It is alleged that when the police party reached near Ramapuram Nala, about 4-5 kilometres ahead of Gollapalli, certain armed male and female Maoist/Naxalite cadres, who were allegedly lying in ambush, formed an unlawful assembly armed with deadly weapons and explosive materials and conspired to attack the police party with an intention to commit their murder and loot their weapons. According to the prosecution, in furtherance of the said conspiracy and common object, the extremists started indiscriminate firing upon the police personnel and also used explosive substances, to which the police party retaliated in self- defence, and thereafter the attackers fled towards the forest area. On the basis of the said incident, Crime No. 02/2019 was registered at Police Station Gollapalli for the offences punishable under Sections 147, 148, 149, 307 and 120-B of IPC, Sections 25 and 27 of the Arms Act and Section 4 of the Explosive Substances Act. During the course of investigation, one accused namely Madkam Ganga was arrested and on the basis of his memorandum statement certain articles such as detonators and electric wire were allegedly seized, while the remaining accused persons including the 3 present applicants were shown as absconding and a charge-sheet was filed against them. Subsequently, the present applicants were arrested on 01.05.2025 in execution of permanent arrest warrants and were remanded to judicial custody and after completion of investigation the charge-sheet has been filed against them as an absconder. Hence, the present bail application.
3. Learned counsel for the applicants submits that the applicants are innocent villagers and have been falsely implicated in the present case. It is submitted that the alleged incident occurred in a forest area during cross-firing and there is no specific material on record to show the clear identification or presence of the present applicants at the spot. The prosecution has made only general and omnibus allegations of unlawful assembly and conspiracy and no specific overt act such as firing, use of explosive substances or assault has been attributed individually to the applicants, and Section 149 IPC has been invoked in a routine manner without any prima facie material to establish common object or active participation. It is further submitted that the entire case against the present applicants is based mainly on the memorandum statement of co-accused Madkam Ganga, from whose possession detonators and electric wire were allegedly seized, whereas no recovery has been made from the present applicants. Moreover, the said co-accused Madkam Ganga, whose memorandum forms the very basis of the prosecution case, has already been acquitted from all the charges vide judgment dated 01.08.2022 after full-fledged trial. It is a settled principle of law that the memorandum statement of a co-accused 4 has weak evidentiary value and cannot be treated as substantive evidence without independent corroboration, which is completely absent in the present case. It is also submitted that the applicants are permanent residents of Village Veerapuram, Police Station Gollapalli, District Sukma (Chhattisgarh) and belong to a poor tribal background and earn their livelihood through agricultural labour and daily wage work. Due to their socio-economic condition and the prevailing threat of extremist elements in the area, villagers are often compelled to act under fear and coercion, and mere residence in a Naxal-affected area cannot be equated with involvement in any unlawful activity. It is lastly submitted that the applicants have no any previous criminal antecedents and they are in jail since 01.05.2025, and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants.
4. On the other hand, learned State Counsel opposes the bail application and submits that the present case pertains to a very serious incident that occurred on 05.05.2019, wherein armed Maoist/Naxalite cadres allegedly formed an unlawful assembly and opened indiscriminate fire upon a police party near Ramapuram Nala, with an intention to commit murder of the police personnel and to loot their weapons. On the basis of the said incident, Crime No. 02/2019 was registered at Police Station Gollapalli for the said offences. During investigation, one accused namely Madkam Ganga was arrested and certain incriminating articles such as detonators and electric wire were seized on the basis of his memorandum statement, and the present applicants were found to 5 be involved in the said offence. It is submitted that the applicants were absconding for a long period of time and the charge-sheet was filed against them as absconders, and they were arrested only on 01.05.2025 in execution of permanent arrest warrants, nearly seven years after the incident. Considering the seriousness and gravity of the offence involving extremist activities and the conduct of the applicants in remaining absconding for such a long period, the applicants do not deserve to be released on bail.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Considering the submissions made by learned counsel for the parties, and upon perusal of the case diary and the material available on record, this Court finds that the alleged incident pertains to the year 2019, wherein the accused persons are alleged to have formed an unlawful assembly and opened indiscriminate fire upon the police party engaged in security and area domination duty, thereby attracting serious offences under Sections 147, 148, 149, 307 and 120-B of IPC, Sections 25 and 27 of the Arms Act and Section 4 of the Explosive Substances Act. It is also reflected from the record that the charge-sheet was filed against the present applicants as absconders and they remained absconding for a considerable period of about seven years, and were arrested only on 01.05.2025 in execution of permanent arrest warrants. Though it has been contended on behalf of the applicants that the case against them is based on the memorandum of co-accused Madkam 6 Ganga, who has subsequently been acquitted, however, considering the nature and gravity of the offence, the allegation of involvement in extremist/Naxalite activities and the conduct of the applicants in remaining absconding for a long period, this Court is not inclined to grant bail to the applicants at this stage.
7. Accordingly, the bail application of the applicant - Madkam Bhima, Sodi Lachhu, Dudhi Pandu and Madkam Deva, involved in Crime No. 02/2019 registered at Police Station - Gollapalli, District- Sukma (C.G.), for the offence punishable under Sections 147, 148, 149, 307 and 120-B of the Indian Penal Code, 1860, Sections 25 and 27 of the Arms Act and Section 4 of the Explosive Substances Act, 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 forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Rahul Dewangan