JUDGMENT :

Dr. D.P. Choudhury, J.

1. In the decision Neeru Yadav v. State of Uttar Pradesh and another, reported in 2015 SCC OnLine SC 862, Their Lordships have been pleased to quote the significant lines from Benjamin Disraeli in the following manner:

“I repeat……… that all power is a trust-that we are accountable for its exercise- that, from the people and for the people, all springs, and all must exist.”

2. Keeping in mind of above advice, the Court should consider all the matters including the present one. Heard Mr. K.T.S. Tulsi, learned Senior Advocate for the petitioner and Mr. J. Katikia, learned Additional Government Advocate for the State. Hearing on bail was taken up on 8.5.2017, 11.5.2017, 15.5.2017 and 16.5.2017.

3. This is an application under Section 439 Cr.P.C. filed by the petitioner for releasing him on bail who is allegedly involved for the offences under Sections 302/120-B of the I.P.C. read with Sections 25 (1) (b) and 27 of the Arms Act and Sections 3 and 4 of the Explosive Substances Act.

4. The factual matrix leading to the case of the prosecution is that on 26.10.2016 at about 9.00 A.M. while the deceased Mahendra Kumar Swain being the Branch Manager of Seaways Shi