Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52217 of 2019 Applicant :- Maksood Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Maksood Khan, in the event of his arrest in Case Crime No.379 of 2019, under Section 5 of Explosive Substances Act, 1908, Police Station Sumerpur, District Hamirpur.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It appears that a huge amount of crackers were recovered from the applicant's house and he does not possess any valid licence for the same. He has also criminal history of same offence. According to the bail rejection order of court below not less than five cases have already registered against him which includes the case of murder also. Dealing with explosive in such large scale without possessing the valid authorization for the same may often result in some massive incident causing loss of life and property on a large scale.
After considering the submissions advanced on behalf of rival sides, the nature and gravity of the accusation and the material in support of the same, and also keeping in view the criminal antecedents of the accused-applicant, I find no good ground for grant of anticipatory bail to the applicant.
Accordingly, the anticipatory bail application is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.11.2019 P.S.Parihar