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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

By means of this application, the applicant, Raju Khan, who is involved in Case Crime No. 647 of 2020, under Section 336 IPC and Section 4 Explosive Act, 1908 and 5A/9B Explosive Act, 1884, Police Station-Sarnath, District-Varanasi, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that as per prosecution case crackers and other manufacturing materials have been recovered from the house of the applicant which was kept in nine bags, thereafter F.I.R. has been lodged against the applicant and his brother Salim. It is also the case of the prosecution that the applicant was intercepted at the spot while co-accused Salim was succeeded in fleeing away from the place of occurrence. The main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated by the police authorities because he could not satisfy the illegal demand of authorities concerned. It is submitted that in fact no recovery has been made as alleged by the prosecution, but the same has been planted against the applicant. There is no independent public witness of the alleged recovery. It is also submitted that for the offence under Section 336 I.P.C. maximum sentence is upto 3 months or fine and for the offence under Section 5A/9B of Explosive Act maximum sentence is upto 3 years or fine. The applicant has no criminal history. The applicant is languishing in jail since 11.11.2020.