Uvaish v. State of U.P.

Court No. - 17

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7673 of 2018

Applicant :- Uvaish Opposite Party :- State Of U.P. Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh-I,J.

Learned counsel for the complainant, Sri Manmohan Singh has put in appearance and the same is taken on record.

This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 629 of 2017 under Sections 302/34 and 201 I.P.C. with Section 5 of Explosive Substance Act, 1908 P.S. Baheri, District Bareilly.

According to the F.I.R., the prosecution case is that on 20.08.2017, on an invitation extended by accused Shameem Ahmed, the complainant and his family members including his son Md. Qasim had gone there and after having meals, the first informant returned home. At the roof of Shameem's house, some material of fire crackers was kept for celebration of the marriage. Accused Uvaish, Sohel, Muzeev, son of Rahees etc. were involved in using fire crackers, at the same time, Shameem, Uvaish, Bajhul Qamar and Aqeel Ahmad also started using fire crackers at about 22.30 hours in the night. Due to fire crackers, the material of the fire crackers caught fire and a huge explosion took place in which his son Md. Qasim died.

It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; deviating from the story of the F.I.R., later on prosecution has developed the prosecution version that the present accused along with co-accused had taken away the son of the deceased deliberately and Bajhul Qamar was directed to throw a packet of explosive substance upon Md. Qasim, the deceased; at this, Bajhul Qamar threw the same upon him by which the deceased had blown into the air and died; in postmortem report, 12 lacerated wounds have been found on the dead body of the deceased by which his death occurred; the accused applicant is in jail since 17.09.2017.