Possession of Explosives and Insurgent Literature in Naxal-Affected Areas Precludes Grant of Regular Bail

The applicants were apprehended by police on 01.11.2025 during a search operation against Naxalite activities in the Gaganpalli forest.

Upon search, police allegedly recovered explosive materials from their bags, including gelatine rods, cordex wire, detonators, gunpowder, firecracker atom bombs, and Naxalite pamphlets.

The applicants were arrested for offences under the Explosive Substances Act, 1908.

They moved the High Court for regular bail, contending they were innocent tribal villagers falsely implicated based on suspicion and disclosure statements while in custody.

They further argued that being residents of a Naxal-affected area does not equate to involvement in unlawful activities.

1. Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the recovered items and the allegations of Naxalite involvement

The Court primarily considered Sections 4 and 5 of the Explosive Substances Act, 1908, which prescribe punishment for the possession of explosives under suspicious circumstances and for attempting to cause explosions.

It also applied the procedural provisions for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The Court emphasized that for bail in serious matters involving national security and public safety, the gravity of the offense and the prima facie evidence of recovery must be weighed against the personal liberty of the accused.

The Court observed that the applicants were caught "on the spot" while attempting to flee during a targeted police operation.

It rejected the defense's argument regarding false implication, noting that the specific and direct recovery of gelatine rods, cordex wire, and detonators from the applicants' "conscious possession" established a strong prima facie case.

The Court reasoned that the nature of the seized articles indicated active preparation for causing explosions and targeting police personnel.

Furthermore, the Court held that the nexus between the recovered items and Naxalite activities posed a significant threat to public safety and national security, outweighing the applicants' claims of being innocent villagers.

The bail application was rejected.

However, the Court granted liberty to the trial court to proceed and conclude the trial expeditiously.