Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10605 of 2017 Applicant :- Md. Habib And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Gupta,Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Chandan Sharma,P.K. Singh
Hon'ble Vinod Kumar Misra,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicants submitted that in the present case applicants have been implicated only on account of being co-owner of the house in question wherein explosion took place resulting in 06 casualties and 04 persons sustained injury. Learned counsel also submitted that applicant nos. 1 and 2 (Md. Habib and Hameed) were residing on the first floor of the hose in one room, separately. In para 24 of the bail application, this plea has been taken. Counter affidavit filed by the State, in para 10, it has been submitted that contents of paragraph nos. 17 to 31 of the affidavit are wrong and denied. There is no specific denial of the fact alleged in para 24 of the bail application in which it has been specifically alleged that applicant nos. 1 and 2 were residing in the first floor of the house in one room, separately. From a spot map too, I.O. has not specifically shown the accommodation in the disputed house and has not cared to specify the portions occupied by different occupants in the house. General allegations have been made that all the accused persons have stored explosive substance in the house without license which exploded and incident took place. Learned counsel also submitted that civil suit between the applicant and Amina Begam-deceased was pending in the civil court prior to the incident regarding partition of the disputed house as she was going to sale some portion of the house through sale-deed.
Learned A.G.A. opposed the bail.
After hearing the rival contentions of both the sides and looking to the facts and circumstances of the case and the material available on record, I deem it proper to enlarge the applicant on bail.
Let applicants Md. Habib, Hameed, Teepu and Abdullah involved in Case Crime No.220 of 2016, under Sections 286, 304 I.P.C. and Section 3/4/5 Explosive Substance Act, P.S. Chetganj, District Varanasi, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
1. The applicants shall not tamper with the prosecution evidences.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial court.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission, of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 29.11.2017 m.a.