LINGARAM KODOPI versus STATE OF CHHATTISGARH

Citation: [2014] 2 S.C.R. 459 · Decided: 07-02-2014 · Supreme Court of India · Bench: S.S. NIJJAR · Disposal: Disposed off

Judgment (excerpt)

BAIL: 
[2014] 2 S.C.R. 459 
LINGARAM KODOPI 
v. 
STATE OF CHHATTISGARH 
(Criminal Appeal No. 357 of 2014) 
FEBRUARY 07, 2014 
[S.S. NIJJAR AND A.K. SIKRI, JJ.] 
A 
B 
Bail - Appellants accused of likely to work as conduit for c 
paying huge amount to Naxalites by a company - Refused 
bail by trial court and High Court - A/legation of false 
implication -- Held: On the basis of orders of the Court, both 
appellants are on interim bail with the condition that they 
would not enter the State -- Other two accused, namely, 
General Manager and contractor of the company, have 
already been granted bail -- Charges are yet to be framed -
One of the appellant has medical problems -- She has also 
D 
to look after her children who are of tender age -- Other 
appellant is a young man of 24 years and he claims to be 
E 
genuinely attempting to establish himself as a good citizen 
in the society -- There are certain circumstances, pleaded by 
appellants, and if ultimately established, there may be a 
possibility of proving the innocence of appellants -- Taking 
into consideration all these circumstances and going by the 
p.ast history, appellants are enlarged on bail during the 
pendency of trial on the conditions enumerated in the 
judgment. 
F 
The appellants, related as nephew and aunt, were 
arrested by the State police and a case was registered 
G 
against them for offences punishable u/ss 121, 124(1) and 
1208, IPC, s. 8 (1) (2) (3) of the Chhattisgarh Jansuraksha 
Adhiniyam and ss. 10 and 13 of the Unlawful Activities 
Act, on the ground that on 8.9.2011, the police received 
459 
H 
460 
SUPREME COURT REPORTS 
[2014] 2 S.C.R. 
A secret information that the appellants were likely to work 
as conduit for paying huge amount to Naxalties, which 
was to be paid by a Company through the co-accused, 
namely, its contractor and the General Manager. Both the 
co-accused were, however, released on bail, but the bail 
B applications of the appellants were rejected by the trial 
court as well as the High Court. 
In the instant appeals, it was contended for the 
appellants that though the appellants were accused of 
collecting money for naxalites, in the entire charge-sheet 
C and the evidence there was no material to establish any 
link of the appellants with naxalites. It was submitted that 
they were falsely implicated in past in several cases 
which all culminated in their acquittal and when writ 
petitions were filed stating their false implication and 
D attempt of State Police to force the appellant in Crl. A. 357 
of 2014 to become a Special Police Officer, they incurred 
wrath of police. It was further submitted that the appellant 
in Crl. A. 357 of 2014 became a journalist and the other 
appellant was a teacher in a Government School and 
E there was no other in the family to look after her children 
as her husband had died. It was further submitted that 
she suffered serious injuries during interrogation and her 
health was deteriorating. 
F 
The appellants were granted interim bail by order 
dated 12.11.2013 with the condition that they would not 
enter the State. 
Disposing of the appeals, the Court 
G 
HELD: On the basis of the orders dated 12.11.2013, 
both the appellants are on interim bail with the condition 
that they would not enter the State of Chhattisgarh during 
this period. Other two accused persons have already 
been granted bail. Charges are yet to be framed. The 
H appellant in Crl. A. No. 358 of 2014 has. medical problems. 
LINGARAM KODOPI v. STATE OF CHHATTISGARH 
461 
She has lost her husband and has to look after her 
A 
children who are of tender age. The other appellant is a 
young man of 24 years and he claims to be genuinely 
attempting to establish himself as a good citizen in the 
society. There are certain circumstances, pleaded by the 
appellants, and if ultimately established, there may be a 
B 
possibility of proving the innocence of the appellants. 
Taking into consideration all these circumstances and 
going by the past history, the appellants shall be 
enlarged on bail during the pendency of trial on 
furnishing personal securities in the sum of Rs. 50,000/- c 
with two sureties each of the like amount, to .the 
satisfaction of the trial court, with the conditions as 
enumerated in the judgment. [para 14-15) [468-E-H; 
469-A] 
CRIMINAL APPELLATE JURISDICTION : Criminal apeal 
D 
No. 357 of 2014 
From the judgement and order dated 08.07.2013 of the 
High Court of Chhattisgarh at Bilaspur in M

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