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Judgment
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have
been arrested in connection with Crime No.17/2017, registered at Police Station- Mardapal, District Kondagaon, (C.G.) for the offence punishable
under Sections 3 and 4 of The Explosive Substances Act, 1908.
Case of the prosecution, in brief, is that on 13.09.2017, one hand grenade and one tifin bomb was unauthorizedly found in possession of applicants
No. 1 and 2 respectively and thereby committed the aforesaid offence.
Learned counsel for the applicants would submit that the applicants have not committed any offence and they have falsely been implicated in crime
in question. He would also submit that the applicants are in jail since 13.09.2017 and charge-sheet has already been filed, and no useful purpose will be
served by detaining them in jail, therefore, they may be released on regular bail.
On the other hand, learned counsel for the State would oppose the bail application.
I have heard learned counsel appearing for the parties and perused the case diary.
Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of the offence; and the fact
that no explanation was offered by the applicants as to how they came in possession of those explosive substances, I do not find the presevnt is a fit
case, in which, the applicants should be enlarged on regular bail.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. deserves to be and is hereby rejected. No cost(s).