Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32087 of 2021 Applicant :- Aquib Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Sinha Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Prateek Sinha, learned counsel for the applicant, Sri Satish Pandey, learned State counsel and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Aquib, seeking enlargement on bail during trial in connection with Case Crime No. 348 of 2017, under Sections 286, 304, 308, 427 I.P.C. and 3/4/5 Explosive Substance Act, registered at P.S. Maharajpur, District Kanpur Nagar.
Learned counsel for the applicant argued that co-accused Ashif @Mohd. Sharif, Amir, Ayaz, Yasmin@Chanda, Shakil Ahmad@Hero and Arif have been granted bail by co-ordinate Benches of this Court vide order dated 01.07.2021 passed in Criminal Misc. Bail Application No. 22876 of 2021(Ashif @Mohd. Sharif Vs. State of U.P.), vide order dated 04.3.2020 passed in Criminal Misc. Bail Application No. 6084 of 2018(Amir Vs. State of U.P.), vide order dated 16.6.2020 passed in Criminal Misc. Bail Application No. 11137 of 2020( Ayaz Vs. State of U.P.), vide order dated 03.11.2020 passed in Criminal Misc. Bail Application No. 17692 of 2019(Shakil Ahmad@Hero Vs. State of U.P.) and vide order dated 15.12.2020 passed in Criminal Misc. Bail Application No. 44817 of 2020( Arif Vs. State of U.P.) and co-accused Yasmin@Chanda has been granted bail by this Court vide order dated 29.1.2021 passed in Criminal Misc. Bail Application No. 2361 of 2021(Yasmin@Chanda Vs. State of U.P.), copies of the said orders have been collectively annexed as annexure no. 5 to the affidavit. It is argued that there is no recovery of any incriminating material either from the possession or pointing out of the applicant. It is argued that although the applicant is reported to be having criminal history of three cases but he has no knowledge of the three cases against him. Para-3 and 4 of the supplementary affidavit dated 04.10.2021 which has been filed on 23.11.2021 have been placed before the Court for the same. The applicant is in jail since 02.12.2020.
Per contra, learned State counsel opposed the prayer for bail and argued that the applicant is named in the F.I.R. It is argued that the blast was of such intensity that the whole house came down. Six persons received injuries out of which one injured person Neeraj Singh was later on died. It is argued that in all three cases against the applicant, he is absconding. It is argued that out of three cases one case is of the year 2017 and two are of the year 2019. It is argued that there are good chances of the applicant even absconding in the present case also, if he is granted bail. Therefore, the prayer for bail be rejected.
After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is named in the F.I.R. There are six injured persons, out of which one injured person Neeraj Singh has lost his life. In the three cases against the applicant he states of his ignorance of the said cases, but as per the instruction received by learned State counsel, the applicant is absconding. The earliest case is of the year 2017 and as such around four years has elapsed. The cause of death of the deceased is haemorrhage and shock due to ante mortem blast injuries.
Looking to fact and circumstances of the case, nature of evidence and gravity of offence, criminal history of the applicant and his being absconding, I do not find it a fit case to release the applicant on bail at this stage.
Accordingly, the bail application is rejected.
(Samit Gopal,J.) Order Date :- 20.12.2021 Naresh