U.B. Saha, J.

1. The instant application is filed under Section 439 Code of Criminal Procedure by one Smt. Bina Rani Debbarma for granting bail to her husband accused Dinesh Debbarma who has been arrested in connection with West Agartala P.S. Case No. 175/2008 under Section 4 of the Explosive Substances Act in which the investigating authority after investigation filed charge sheet under Section 120B / 121 / 121A / 122 / 123 / 153 / 153A of the IPC and Section 4, 6 of the Explosive Substances Act and Section 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 against her husband along with Ors.

2. Heard Mr. B.N. Majumdar, learned Counsel for the Petitioner who filed the application on behalf of the accused as well as Mr. A. Ghosh, learned Addl. P.P. for the State, who produced the Case Diary.

3. The prosecution case in sort is as follows:

One Abhijit Bhattacharjee, a priest of Sri Radha Madhav Temple situated at Radhanagar lodged an FIR on 05.10.2008 with the Officer-in-Charge of the West Agartala P.S. alleging that on that date at about 10.30 a.m. in the morning he noticed one Aluminium Saucepan inside one plastic bag in the drain situated at the western by-lane and after seeing that he suspected it to be a bomb and accordingly informed the fact to the Ramnagar T.O.P and West Agartala P.S. Later on police and bomb squad personnel arrived and recovered it and after taking it to file open field of the temple diffused the same. On opening the bag they found mobile set, detonator battery, wire, powder and explosive substance could be seen. Seeing all these it seems that it is a live bomb and with an intention to cause harm to person and property it was left there by a few unknown miscreants. On the basis of such information, police investigated the case and ultimately filed the charge sheet upon receipt of the charge sheet the case was committed to the Court of the Sessions and the learned Sessions Judge following the prescribed procedure framed the charge sheet against the accused husband of the Petitioner along with others and the trial has been started in the year 2009.

4. Mr. Majumdar while urging for bail of the accused, husband of the Petitioner, would contend that while the accused in the aforesaid P.S. Case, was in custody in connection with a case of Khowai P.S., he was again arrested on 06.11.2010 in connection with Agartala P.S. Case 175/2008 and since his arrest he is in custody and by this time almost two years have elapsed and one of the co-accused namely, Budhi Debbarma, night guard of Pragati Bidya Bhawan which is a Govt. aided School, has been released on bail on the ground of examination of his daughter and the accused, husband of the Petitioner, is similarly situated as his daughters are seriously ill. In support of his aforesaid contention he also referred to some medical certificates issued by the Medical Officer, Katlamara PHC, West Tripura and Medical Officer, Baijalbari PHC, Khowai (Annexure-P3 to the instant petition) wherein it is stated that Ms. Reshmi Debbarma, D/o the accused Dinesh Debbarma was suffering from Viral Hepatitis and Ms. Reshma Debbarma was suffering from fever and severe pain in the abdomen. He also relied upon a decision of the Apex Court in Mehmood Mohammed Sayeed v. State of Maharashtra (2002) 10 SCC 677 relying which the learned Addl. Sessions Judge, West Tripura, granted bail to one of the accused, namely Budhi Debbarma. According to him, as the accused, husband of the Petitioner, is in custody for about two years, he is entitled to get bail. Mr. Majumdar finally contended that there is no material against the accused husband of the Petitioner so far the evidences recorded by the learned trial Court.

5. Mr. Ghosh while resisting the submissions of Mr. Majumdar would contend that the accused Dinesh Debbarma is involved in terrorist activities in the state and a case relating to terrorist activities cannot be compared with a normal offence. He further submits that there are eno