JUDGMENT S.K. SAHOO J. - This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.391 of 2017 arising out of Aul P.S. Case No.123 of 2014 pending in the Court of learned Additional Sessions Judge - cum- Special Judge, Kendrapara for offences punishable under sections 147/148/341/294/ 506/302/109/120-B/149 of the Indian Penal Code read with section 27 of the Arms Act. 4. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 05.05.2017. He approached this Court last time in BLAPL No.2092 of 2018 and his bail application was rejected as per order dated 10.01.2019, the learned trial Court was directed to expedite the trial. In the meantime, only three witnesses have been examined and they have stated nothing against the petitioner and therefore, the bail application of the petitioner may be favourably considered. 5. Learned counsel for the State on verification of the case diary submitted that there are as many as thirteen charge witnesses. He further submitted that the informant Ramesh Chandra Nayak who is the father of the deceased Ranjit Nayak is also an eye witness to the occurrence and he has not been examined. 6. The learned trial Court was asked to submit the status report. The status report dated 23.10.2021 has been submitted by the learned trial Court from which it appears that three witnesses has been examined and P.W.3 was examined on 08.08.2018 and since more than three years, there is no progress in the trial. 7. Considering the submissions made by the learned counsel for the respective parties and in view of the available material on record, while not inclining to release the petitioner on bail on merit but taking into account the period of detention of the petitioner in judicial custody and slow progress of the trial, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on the expiry of the said period. 8.
8. For the above period, let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper. While on interim bail, the petitioner shall not try to keep any contact with the prosecution witnesses or tamper with the evidence in any manner and he shall appear before the learned trial Court on each date, if the case will be posted for trial during that period and he shall not indulge in any criminal activities. 9. Violation of any terms and conditions shall entail cancellation of interim bail. 10. Accordingly, the BLAPL is disposed of. 11. A copy of the order be communicated to the learned trial Court for compliance.