Allahabad High Court
Deen Bandhu vs State Of U.P. on 5 November, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36390 of 2019 Applicant :- Deen Bandhu Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Piyush Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard shri Amit Daga, learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant Deen Bandhu with a prayer to release him on bail in Case Crime No. 106 of 2019, under Sections 419, 420, 467, 468, 471, 120-B, 34 IPC, and section 4,5 and 6 of Explosive Substances Act, 1908 Police Station Uldan, District- Jhansi, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that Firm M/s Ram Raja Enterprise is running business of explosive substances, under valid Licence and purchased explosive substances from various places. During course of business said Firm purchased Gelatin from Solar Industries India Ltd., vide Order No.790642, dated 27.06.2019 and detonator from Economic Explosives Ltd., vide Order No. 501900, dated 23.04.2019. It is also submitted here that Gelatin, Detonators purchased by Firm, vide aforesaid orders was delivered at the Godown of Firm located at Village- Badmadai, District- Tikamgarh (M.P.) but subsequently some quantity of Gelatin and Detonators were transported to another Godown of the Firm located at Village- Gudrai, Tehsil- Niwadi, District- Tikamgarh, now named as Niwadi (M.P.). The accused-applicant is the Authorized Representative of aforesaid Firm M/s. Ram Raja Enterprise and deputed at Godown (Magzine) of the Firm, located at Village- Gudrai, Tehsil ? Niwadi, District- Tikamgarh, now named as Niwadi (M.P.).The applicant being Authorized Representative of aforesaid Firm, indulged in the business of Explosive Substances, under a valid Licence, is doing business on behalf of Firm, thus the allegations leveled in First Information Report that applicant is doing illegal business of Explosive Substances and illegally transporting the explosive substances are absolutely, false, and do not have any substance.
It is also submitted that Van (vehicle) bearing Registration No. UP-93/T-7994 is also duly authorized to transport explosive substances by Government of India and to this effect one Licence being Licence No. E/CC/MP/25/491(E65190) was also issued under the seal and signature of Controller of Explosives, Bhopal on 27.03.2018, which is valid up to 31.03.2002. Since the explosive substances were recovered from the Van (vehicle), which was duly authorized to transport explosive substances by Government of India, under the law, thus by no stretch of imagination it can be said that the transportation of explosive substances was illegal, in any manner, and thus no offence, whatsoever, had been committed by applicant and other co-accused persons but they had been falsely implicated in instant criminal case. In fact the explosive substances allegedly recovered from spot were transported in Van (vehicle), Pick-up, bearing No. UP-93/T-7994, but informant in connivance with his Team members falsely shown recovery of detonators from Bolero Car, just to show negligence on the part of accused- applicant and other persons and further to create criminal case against them. Even if said act of applicant and other accused persons is taken to be in violation of law even then the same is punishable under Section 9-B of Explosives Act, 1884. No offence, whatsoever, has been committed by applicant and co-accused persons but Police of Police Station- Uldan, District- Jhansi in connivance with his Team members falsely implicated the applicant along with co-accuseds in instant criminal case.The offences under which applicant is detained in Jail are exclusively triable by the Court of learned Magistrate.The applicant is an innocent person, he did not commit any crime nor he ever violated any provision of Act or the Rules of Explosive Substances Act, 1908 nor he ever fabricated bills, invoices and other documents , relating to the Explosive Substances recovered from the possession of applicant and co-accuseds , but he along with co-accuseds has been falsely booked in a criminal case only because of reason that he and his employer failed to grease the palms of informant and Police of Police Station- Uldan, District- Jhansi.The applicant is languishing in jail since 22.7.2019 who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 5.11.2019 Atul kr. sri.