Allahabad High Court
Shaheed Ahmad vs State Of U.P. on 21 May, 2021
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- BAIL No. - 5116 of 2021
Applicant :- Shaheed Ahmad
Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Mani Sharma
Hon'ble Abdul Moin,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State, through video conferencing in terms of orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation.
The present bail application has been filed by the applicant in case Crime No. 124 of 2021 under Sections 5 of the Explosive Substances Act, 1908 (hereinafter referred to as "Act, 1908") Police Station- Taalgaon, District- Sitapur.
From the perusal of the FIR dated 05.04.2021, it comes out that the applicant was found to be having various fire crackers in his possession. Possession has been found to be after the expiry of the license which has been granted to the applicant and thus he has been charged with the aforesaid section of the Act, 1908.
Learned counsel for the applicant contends that license of selling of the fire crackers which is dated 11.11.2020 and was valid from 12.11.2020 to 14.11.2020, a copy of which is annexure 3 to the bail application. He contends that after the end of the Diwali festival, certain fire crackers were still left in his possession which were to be deposited with the wholesaler namely his father who has got wholesale license and in fact the same were deposited. However, the applicant has been found in possession of the said fire crackers and the FIR has been lodged.
Learned counsel for the applicant contends that the recovery only pertains to fire crackers which do not have much fire power and were simply left over of the sale for which the applicant had a license and thus no fault can be found in the same. It is also contended that the co-accused has already been granted bail by the Sessions Court vide Bail Application No. 534 of 2021, a copy of which is annexure 4 to the bail application. It is also contended that the applicant is in jail since 07.04.2021.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Having heard the learned counsel appearing for the contesting parties and having perused the records what is prima facie apparent is that admittedly the applicant was having a license of selling of the fire crackers. Despite the end of the Diwali festival, the fire crackers continued to remain with the applicant for which the FIR had been lodged. Even otherwise, the applicant is in jail since 07.04.2021.
Considering the present COVID situation prevailing in the entire state the Court finds this to be a fit case for grant of bail. Accordingly, the bail application is allowed.
Let the applicant Shaheed Ahmad involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties (one should be of his family member/near relative) each in the like amount to the satisfaction of the court concerned with the following conditions :-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 CrPC (iv) argument / judgment.
(vi) 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 him in accordance with law.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicant, the applicant may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicant, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicant, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 21.5.2021
Pachhere/-
