IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 4047 of 2025 Babul Behera …. Petitioner(s) Ms. A. Hota, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. G. Mohanty, SC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 14.05.2025 02. 1. The petitioner is an accused in connection with Maitrivihar P.S. Case No.53 of 2025 corresponding to C.T. Case No.242 of 2025 registered on the alleged commission of offence punishable under Sections 310(4)(5) of BNS, 2023 read with Section 25(1-B)(a) of Arms Act, pending in the Court of the learned SDJM, Bhubaneswar. 2. The petitioner had approached the learned 1st Additional Sessions Judge-cum-Special Judge, Vigilance, Bhubaneswar in Bail Application Nos. 388 and 393 of 2025 praying for grant of bail. The learned Court below vide its order dated 25.03.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case as per the FIR is that on 19.02.2025 at about 12:10 am while the informant along with his police staff were performing patrolling duty, received reliable information regarding assembling of 5 nos. of persons being armed with deadly weapons behind Hatiasuni water tank and planning for committing dacoity. When they reached the spot they found five persons were in drunken state made discussion for committing dacoity. The Informant and the police staff surrounded them and apprehended them. It is further alleged that the Informant seized 3 nos. of sealed Kingfisher beer bottle, 3.nos. half empty Kingfisher bottle, 6 nos. of disposal plastic glasses and one no. of water bottle. On being searched, one loaded pistol with empty magazine was seized from the present Petitioner. He also seized one single shot pistol with one live ammunition from the possession of one Krushna Chandra Sahoo, one no. of Iron rod from Babul Behera and one no. Mobile phone and chili powder from Rahul. 5. Learned counsel for the petitioner submits that the petitioner is in custody since 19.02.2025 and no evidence has been brought on record to suggest that the petitioner has been preparing for commission of serious offence of dacoity or robbery. She further submits that mere congregation of five persons for any other purpose the police cannot infer that they were preparing to commit any crime. Learned counsel for the petitioner submits that charge sheet in the case has been filed on 09.04.2025. Since the petitioner has been in custody since 19.02.2025, he deserves for bail. 6. Learned counsel for the State opposed the prayer for bail. 7. Regard being had to the nature of allegation and the fact that the petitioner is in custody since 19.02.2025, I am inclined to enlarge the accused-Petitioner on bail. 8. Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (1) The petitioner shall appear before the Court diligently without fail, on every date of hearing; (2) He shall not influence any of the witnesses related to this case in any manner whatsoever; (3) He shall not commit any offence while on bail; and (4) He shall be released on bail subject to verification of similar type of antecedents. (5) Petitioner shall appear before the local police station on every Sunday before 12 noon for six month In the event, the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok Designation: Secretary