p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12918 of 2024 Babu @ Sibasankar Nayak @ Sivshankar …. Petitioner Mr. S.K. Mahanty, Advocate -versus- State of Odisha …. Opp. Party Mr. Aurobinda Mohanty, Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO Order No. ORDER 03.01.2025 01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Hearing learned counsel for the petitioner and learned counsel for the State. This is an application for bail under section 439 of Cr.P.C. (section 483 of B.N.S.S.) in connection with Polasara P.S. Case No.57 of 2017 corresponding to G.R. Case No.100 of 2017 pending in the Court of learned J.M.F.C., Polasara for offences punishable under sections 307/34 of Indian Penal Code and sections 3/5 of Explosive Substances Act. p. 2 The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Kodala, Ganjam, which was rejected on 27.11.2024. Learned counsel for the petitioner submits that earlier the petitioner approached this Court in connection with this case for anticipatory bail in ABLAPL no.4680 of 2020, which was allowed vide order dated 13.05.2020. However, the charge sheet was submitted showing the petitioner as an absconder and prayer was made by the Investigating Officer, for which non- bailable warrant of arrest was issued against the petitioner, by virtue of which the petitioner was taken into judicial custody on 20.11.2024. He further submits that similarly situated co-accused, namely, Krushna Nahak @ Krushna Nayak has been directed to be released on bail by this Court in BLAPL No.2596 of 2017 vide order dated 07.07.2017 and therefore, the bail application of the petitioner may be favourably considered. Learned counsel for the State opposed the prayer for bail on the ground that the petitioner was an absconder for seven years and he could be apprehended only on the strength of non-bailable warrant of arrest and once the petitioner is directed to be released on bail at this stage, there would be delay in the disposal of the trial. p. 3 Considering the submissions made by the learned counsel for the respective parties and the fact that the petitioner was earlier granted anticipatory bail and the period of detention of the petitioner in judicial custody and that similarly situated co-accused has already been released on bail, I am inclined to release the petitioner on bail. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall appear before the learned trial Court on each date when the case would be posted for trial and shall not try to tamper with the evidence and shall not indulge in any criminal activities. Violation of any terms and conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge Rajesh Designation: Senior Stenographer