3. 05.01.2017 Heard learned counsel for the petitioner and t
he learned State Counsel on the application under section 439 Cr.P.C. for release of the petit
ioner on bail who allegedly involved with the offence under Sections 3 and 4 of the Explosive
Substance Act.
2. Learned counsel for the petitioner submits that there is no recovery of any in
criminating material from the possession of the present petitioner. He further submits in the
meantime the co-accused person has already been released on bail by this Court for which lenie
nt view may be taken to release the petitioner on bail with any condition as deemed fit and pr
oper.
3. Learned Standing Counsel for the State opposes the prayer for bail.
4. Considering the submissions of the learned counsel for the respective parties,
regard being had to the facts and circumstances of the case including the fact that the mater
ials available on record do not show any direct involvement of the present petitioner, fact th
at co-accused person has already been released on bail by this Court and fact that the petitio
ner being a local person, there is no chance of his absconding or tampering with the prosecuti
on evidence, let the petitioner be released on bail in connection with G.R. Case No.1492/15 pe
nding in the court of learned S.D.J.M. (S), Cuttack on furnishing bail bond of Rs.50,000/- (
rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction
of the Court in seisin over the matter with the conditions that (i) The petitioner shall appe
ar before the IO at 10:00 AM on each Sunday till submission of the final form; (ii)he shall no
t tamper with the prosecution witnesses directly or indirectly; and (iii) he shall not commit
any offence while on bail.
4. Violation of any of the aforesaid terms shall entail cancellation of the bail.
Accordingly, the BLAPL is disposed of.
