Sonaram Farsa vs State Of Chhattisgarh on 14 January, 2025

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Chattisgarh High Court

Sonaram Farsa vs State Of Chhattisgarh on 14 January, 2025

1. Both these appeals are arising out of the same crime number and therefore they are being heard and decided together. In both these appeals, the respective appellants are the accused persons and are claiming regular bail.

2. The CRA No. 1898 of 2024 has been filed by the appellant- Vivek Singh under section 21(4) of the National Investigation Agency Act, 2008 against the impugned order dated 08.10.2024, passed by learned Special Judge (NIA) Rajnandgaon, in Bail Application No. 382 of 2024 and the CRA No. 2261 of 2024 has been filed by the appellants- Sonaram Farsa, Vijay Jurri, Ramlal Karma and Rajendra Kumar Kadti against the impugned order dated 25.10.2024 passed by learned Special Judge (NIA) Rajnandgaon, in Bail Application No. 424 of 2024, whereby learned trial Court has rejected both these bail 3/8 applications.

3. The facts of the case in brief are that, on being in secret information that one Sarjuram Tekam has collected certain articles for the Naxalites and in enquiry it is found that he had gone to Delhi along with his daughter and Shriram Tulavi. It also reveals in the enquiry that Sarjuram Tekam has got managed the funds for his travel through the aeroplane, he got managed funds from Bastar and from his bank account, a transaction of Rs. 55,000/- in two installments from a particular mobile number was found, which was sent by Sonaram Farsa. When the transaction in the bank account of Sonaram Farsa for last 5 years was enquired, it is found that a huge amount was transacted through his bank account in the year 2022-23. When the matter was again enquired, it was found that it was found that there are certain extortion of money for Communist Party of India. The statement of Shriram Tulavi was also recorded in which he disclosed the entire transaction and transfer of money through the mobile phone of Vivek Singh i.e. 77709-29999. The said amount was transferred by Vivek Singh on the instruction of Brijesh Singh, who is his brother. When the said mobile phone was interrogated, the chain of transaction was discovered and it was also found that the accused persons in the name of Naxalites extorted money from PW-3 and get the amount of Rs. 17,44,500/- transferred to Ramlal, Rs. 16,45,000/- transferred to Sonaram Farsa, Rs. 11,12,900/- was transferred to Vijay Jurri through their bank account. In the enquiry, it also comes that the aforesaid accused persons were working with the Communist Party of India and they were engaged in extortion in the name of Naxalites and the said 4/8 amount was spent in Naxalite activities. The memorandum statement of the accused persons were recorded and their involvement in the offence in question was found. During the enquiry it was also found that the accused persons were engaged in Naxalite activities and Sonaram Farsa had transferred the amount for travel by air to Sarjuram Tikam, who had gone to Delhi to attend the function of FACAM. After considering the sufficient material against the accused persons, the offences have been registered and they have been arrested. The mobile phones, their passbooks, codex wire, detonator, gun powder, batteries, multi-meter and soil with gun powder have been seized.

4. Learned counsel for the appellant- Vivek Singh would submit that he is the brother of Brijesh Singh, who was running a choice centre and he used to provide facilities of money transaction on the instance of the customers and in the present case also on the instance of his brother, he booked the aeroplane ticket for Sonaram Farsa, for which he received its fair charges, except that there is no allegation against Vivek Singh that he in any manner involved in the alleged offence or Naxalite activities or even the member of that Communist Party of India. He is in jail since 10.08.2024, the final adjudication of the case will take its own time. Therefore, he may be enlarged on bail.

5. Learned counsel appearing for the appellants- Sonaram Farsa, Vijay Jurri, Ramlal Karma and Rajendra Kumar Kadati (CRA No. 2261 of 2024) would submit that the appellants are innocent and have been falsely implicated in the offence, as there is no connecting material 5/8 available in the case that the present appellants are connected with the Naxalites or any group of Naxalites. The money, which was transferred in the bank account of the appellants or the amount towards Tendu leaves, which was to be distributed amongst the beneficiaries, the appellants or the employee (fad manager) of the contractor, who is required to pay the wages and other benefits to the beneficiaries, who are involved in collection of Tendu leaves. He would further submit that the appellants have submitted the entire documents and the affidavits that the amount, which has been transferred in their bank account or the amount towards the Tendu leaves, which they have already distributed to the respective beneficiary. There is no material produced by the prosecution, which connects the money transferred in the bank account of the appellants related with the Naxalite activities or to provide the facilities to the Naxalites. It is a common course of business to transfer the amount from one person to another through the mobile phone for booking of any travel ticket. The travel of Sonaram Farsa to Delhi was with respect to attend the conference, organized at Delhi for the tribal community and the amount of their travel charges were managed by the contribution of the villagers which has been transferred to the person, who booked the aeroplane ticket for him. It is alleged that from the house of Sarjuram Tekam certain articles have been seized including codex wire, detonator, gunpowder, batteries, but the present appellants have no connection with the seizure of those articles. The appellants are not having intention to indulge in any antisocial activities or unlawful activities, but they are fighting for the welfare of the tribals. The 6/8 appellants are in jail since 10.08.2024 and final adjudication of the case will take its own time. Therefore, they may also be enlarged on bail.

6. On the other hand, learned counsel for the State opposes and has submitted that a huge amount has been transferred in the bank account of the appellants, for which there is no satisfactory explanation given by them. Had it been the amount of Tendu leaves transferred in their bank account, it should have been directly transferred in the bank account of the beneficiary by the contractor. From the statement of the witnesses available in the case, it is reflected that the appellants have obtained the amount after putting the persons in fear of Naxalites and used the said amount in Naxalite activities. Transaction of such a huge amount in the bank account of the present appellants itself raised suspicion and from the statement of the witnesses, the said amount is found to be obtained by extortion. There are sufficient material against the appellants in the case and they are not entitled for bail.

7. We have heard learned counsel for the parties and perused the material annexed with the case.

8. From the material produced in the case, it appears that the appellant-

Vivek Singh has booked the aeroplane ticket and other travel tickets for Sonaram Farsa and received the fare charges through mobile phone. It also reflects from the material produced in the bail application that his brother is running a Choice Centre, from which they booked the travel tickets for the persons and obtained the 7/8 charges through phone pay mobile app. There is no sufficient material in the case against the appellant- Vivek Singh that he also involved in the Naxalite activities or associated with any anti-social organization. Considering the allegation against the appellant- Vivek Singh, we are inclined to release him on bail.

9. In view of the above, the appeal filed by the appellant- Vivek Singh (CRA No. 1898 of 2024) is allowed. The impugned order dated 08.10.2024, passed in Bail Application No. 382 of 2024 is set aside. The appellant- Vivek Singh, son of Ram Sushil Singh, is directed to be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The appellant shall also abide by the following conditions:-

(i) The appellant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

(ii) The appellant shall not act, in any manner, which will be prejudicial to fair and expeditious trial, and

(iii) The appellant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court.

10. Considering the submissions made by learned counsel for the parties in Criminal Appeal No. 2261 of 2024, their participation in the offence in question, role played by them, transfer of huge amount in their bank account, which is alleged to be the amount received by extortion, the material comes in the case against them with respect to their involvement in the illegal activities, various transfers of the amount, which facilitates them either in Naxalite activities or in travel from one 8/8 place to another, and also the gravity of the offence, we are not inclined to release the appellants- Sonaram Farsa, Vijay Jurri, Ramlal Karma and Rajendra Kumar Kadati on bail, therefore, the appeal filed by the appellants- Sonaram Farsa, Vijay Jurri, Ramlal Karma and Rajendra Kumar Kadati (in CRA No. 2261 of 2024) is dismissed.

11. It is made clear that any observation made in this order is restricted only for consideration of the present appeals. The learned trial Court shall decide the case on its own merits without being influenced by any observation made in this order.

                        Sd/-                                         Sd/-
             (Ravindra Kumar Agrawal)                           (Ramesh Sinha)
                      Judge                                       Chief Justice

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Chattisgarh High Court