SURYAKANTA SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of the Cr.P.C. has been filed in connection with Jagatsinhpur P.S. Case No.716 of 2023 corresponding to C.T. Case No.21 of 2024 in the Court of the learned Sessions Judge, Jagatsinghpur where the petitioner is facing trial for commission of offences punishable under Ss. 294, 506, 353, 386, 387, 286 of IPC read with Sec. 25 and 27 of the Arms Act, Sec. 4/5 of the Explosive Substance Act and Sec. 9(B)(1) (b) of the Explosive Act.

(2.) The prayer for bail of the petitioner has been rejected on 29/1/2024 by the learned Sessions Judge, Jagatsinghpur.

(3.) Mr.Samarendra Mohanty, learned counsel for the petitioner submits that the petitioner is in custody since 9/11/2023 and in the meanwhile, the case has been committed and posted for trial. On 19/1/2024, as no witness appeared, the case has been adjourned. He further submits that false allegations have been made against the petitioner by the police as he has some criminal antecedents. Three days before the Diwali, i.e., on 12/11/2023 the petitioner was found carrying bombs and crackers in his vehicle meant for Diwali and he has been arrested on the allegation that he was using bombs and country made pistol for extortion of money from the truck drivers from the road. He also submits that as the case is posted for trial, the petitioner may be released on bail.