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Judgment
S. K. Panigrahi, J
This matter is taken up by video conferencing mode.
Heard, learned counsel for the petitioner and learned counsel for the State.
The petitioner being in custody in Special Task Force, CID, CB PS Case No. 12 of 2021 corresponding to G.R. Case No. 95 of
2021, pending in the court of the learned J.M.F.C.(Niali), Cuttack, registered for the alleged commission of offence under Sections 25 &
27 of Arms Act, has filed this petition for his release on bail.
The allegation of the prosecution is that the petitioner is involved in delivering firearms and ammunitions to different antisocial elements in Naugaon
and Niali area. On 09.04.2021 at 9.30 A.M. the petitioner along with another were apprehended holding bags in their hand on the road leading to
Sadansa. On search one 7.65 mm pistol and 10 numbers of country made live ammunition from their bags were recovered
without any license for possessing the same. The Bail application filed by the petitioner before the J.M.F.C., Niali and learned Sessions Judge, Ist
Court, Cuttack were rejected. Learned Sessions Judge, Ist Court, Cuttack observed that the offence is grave in nature and no leniency should be given
to the accused at the time of considering the bail application.
Learned counsel for the State vehemently opposed the bail prayer of the petitioner.
6.Considering the nature and gravity of the accusation, character of evidence appearing against the petitioner, the stringent punishment provided and
even if there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged or not likely to commit any such offence, which
is not possible to record in this case, the petitioner’s prayer for bail is devoid of merit. Hence, his prayer for bail stands rejected.
Accordingly, the Bail Application is dismissed.
As the Lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High
Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No. 4798 dated 15th April,
2021.
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