The court's decision was influenced by the nature and gravity of the accusation, the petitioner's involvement in another case, and the possibility of tampering with evidence.

JUDGMENT :

S.K. Sahoo, J. - Heard learned counsel for the petitioner and the learned counsel for the State.

2. This is an application under Section 439 Cr.P.C. in connection with G.R. Case No. 183 of 2016 arising out of Chauliaganj P.S. Case No. 24 of 2016 pending in the Court of learned S.D.J.M. (S), Cuttack for alleged commission of offences punishable under sections 25(1-AA) and 27 of the Arms Act, 1959.

3. The petitioner moved an application for bail before the Court of learned 3rd Additional Sessions Judge, Cuttack, which was rejected on 18.4.2016.

4. Learned counsel for the petitioner submits that it is the prosecution case that on 31.1.2016, on getting reliable information that Sri Bharat Bhusan Swain of Gandarpur, a close associate of Sushanta Dhalsamanta and Sushil Dhalsamanta was keeping their arms and ammunitions in the house of one Kuni Das of Gandarpur, the Inspector-in-Charge of Chauliaganj Police Station along with other police officials searched the house of Kuni @ Krushna Chandra Das and found him absent and at that point of time, they found the petitioner, who is the younger brother of said Kuni @ Krushna Chandra Das was in possession of the arms and ammunitions which were accordingly seized and the petitioner was taken into custody. It is the further contention of the learned counsel for the petitioner that the petitioner has got no criminal antecedents and he came into the possession of those arms and ammunitions as his brother asked him to shift the same to a safer place and none of the arms and ammunitions seized from the possession of the petitioner comes within the definition of prohibited arms and prohibited ammunitions and there is absolutely no material that the petitioner used any such arms and ammunitions and, therefore, the submission of charge sheet under section 25(1-AA) and section 27 of the Arms Act was not justified. Learned counsel for the petitioner further submits that even accepting the prosecution case for the sake of argument, at best it attracts the ingredients of the offence under section 25(1)(a) of the Arms Act which is triable by Magistrate and, therefore, taking into account the period of detention of the petitioner in judicial custody, the bail application of the petitioner may favourably be considered.

5 Learned counsel for the State, on the other hand, produced the case diary and opposed the prayer for bail and contended that prima facie materials relating to involvement of the petitioner in another case, i.e., Chauliaganj P.S. Case No. 27/2016 is also there and examination report of the Director and Chemical Examiner to Government of Odisha, State Forensic Science Laboratory, Rasulgarh, Bhubaneswar has been obtained and the petitioner had no license to possess such arms and ammunitions and after obtaining sanction order from the Commissioner of Police, Bhubaneswar-Cuttack, charge sheet has been placed. It is further contended that number of cases have been instituted against Sushant Dhalsamanta and Sushil Dhalasamanta and number of anti socials have also been taken into custody in those cases which are the cases of extortion, dada bati, tender fixing and murder etc. and in some cases, investigation is under progress. He further submits that the co-accused Kuni @ Krushna Chandra Das is yet to be apprehended against whom charge sheet has been filed showing as absconder and, therefore, if at this stage, bail is granted, there will be every chance of tampering with the evidence not only in this case, but in other cases also which are related to this case.

6. Considering the submissions of learned counsels for the respective parties and on perusal of the materials available on record, it prima facie appears that from the possession of the petitioner, a bag containing 4 numbers of 9 mm pistols, 9 nos. of empty magazine, 160 rounds of ammunitions i.e. 76 rounds of 9 mm ball ammunitions, 17 rounds of 7.6 mm ball ammunitions, 53 rounds of .38 inch ball ammunitions, one round of .32 inch ammu