Allahabad High Court
Saheb Hussain vs State Of U.P. on 15 March, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11399 of 2019
Applicant :- Saheb Hussain
Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Dr.Haridyawati Mishra,Shri V.P. Srivastava, Sr. Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Amit Singh, learned counsel filed Parcha on behalf of applicant, is taken on record.
Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Amit Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
As per FIR, the prosecution case is that the informant S.I. Ghana Nand Tripathi while he was on duty and inspecting his area at about 17.45 hours, he received information that a part of under construction bridge being constructed between Kamlapati Tripathi Inter College and Mal Godam, had fallen because of which 15 persons were reported to have died and 11 persons were under treatment and seven vehicles have got damaged. It is further recorded in the FIR that the said bridge had collapsed because of the sub-standard material having been used in its construction and precautions were not taken while it was being constructed. On account of this, FIR has been lodged against all the officers of U.P. Setu Nigam Priyojna, Supervisor and the Contractors involved therein. It is contended by the learned counsel for the applicant that Hon'ble Chief Minister had constituted a committee headed by Managing Director (Jal Nigam) for holding an enquiry in the matter who has submitted its report on 17.5.2018 which is annexed as Annexure-18 to the affidavit filed in support of the bail application. In inquiry report no liability has been fastened upon the applicant. The liability was fastened upon Rajan Mittal, Managing Director, Uttar Pradesh Setu Nigam, H.C. Tiwari and Genda Lal, Chief Project Manager, Setu Nigam, Varanasi, K.R. Sudan, Project Manager, Setu Nigam, Varanasi, Rajendra Singh, Assistant Project Manager, Lal Chandra and Rajesh Pal, Assistant Project Manager. The co-accused Harish Chandra Tiwari, Chief Project Manager and Kuljas Rai Sudan, Project Manager have been granted bail by another bench of this court vide orders dated 7.3.2019 and 13.3.2019 respectively, therefore, the applicant is also entitled for bail. It has further been submitted that name of applicant came into light during investigation. In fact, the applicant is a private contractor. He has falsely been implicated in the present case. It is further argued that there was no intention on the part of the applicant because the said incident happened due to constant heavy traffic which was passing near the said bridge and because of its vibration, the said beam slipped. The traffic was not diverted by the police authority concerned despite of repeated requests. It has further been submitted that applicant has no concern with the alleged incident. The applicant has no criminal history and is in jail since 28.7.2018.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Saheb Hussain involved in Case Crime No. 272 of 2018, under section 304, 308, 427, 34 IPC and 3/4 P.P. Act, P.S. Sigra, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 15.3.2019
Masarrat
