1. Heard Sri Jai Pratap Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in case crime No.396/2020, under Section- 304 of IPC and 4/5 of Explosives Act, Police Station Maurawan, District Unnao with the prayer to enlarge him on bail.
3. The submissions of learned counsel for the applicant are that as per the allegations in the F.I.R. the children below the age of 14 years were engaged in the fire cracker manufacturing unit run by father of the applicant. It has been submitted that under Indian Explosives Act the father of the applicant has valid license for manufacturing of explosives which is valid till 31.3.2022. It is further submitted that the accident occurred on 14.9.2020 wherein the child of the complainant got injured and ultimately died. It is further submitted that it was a valid factory for which due license had been obtained for manufacturing explosives. It is next submitted that, in fact, the children were not working in the factory but in the fields next to the factory at the time when the explosion took place which impacted them due to which they sustained burn injuries. It is further submitted that the offence under the Factories Act are triable by Magistrate and that the applicant has been falsely implicated.
4. He further submits that on similar circumstances co-accused/Riyajuddin has already been granted bail vide order dated 03.02.2021 passed passed by this Court in Bail No. 1388 of 2021, so the same benefit may also be given to the present applicant on the ground of parity.
5. Learned A.G.A. opposes the prayer for grant of bail to the applicant but could not dispute the submissions advanced by counsel for the applicant.
6. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
7. Let applicant -Rahishuddin @ Rahimuddin be released on bail in case crime No.396/2020, under Section- 304 of IPC and 4/5 of Explosives Act, Police Station Maurawan, District Unnao, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that she would not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
8. The bail application is accordingly disposed of.
(Alok Mathur, J.) Order Date :- 9.2.2021 Ravi/