Allowed

Ali Raza v. State of U.P.

Allahabad HC11 Oct 2022BAIL/26532/2022

Case brief

AI extract

What is this about?

Granted bail to the applicant in a charge under Section 4/5 of the Explosive Act, holding that the alleged recovery of explosives lacked independent witnesses and sufficient evidence. Ordered release on personal bond and two sureties subject to standard conditions.

What did the court decide?

Applicant released on bail via personal bond and two reliable sureties upon furnishing similar amounts.

Ali Raza Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26532 of 2022

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Applicant :- Ali Raza Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Amit Kumar Srivastava, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State and perused the record.

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Supplementary affidavit filed today is taken on record.

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3.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 320 of 2021, under Section 4/5 of Explosive Act, P.S. Bindki, District Fatehpur.

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4.The aforesaid case has been registered on the basis of the F.I.R. Lodged by an Inspector In-charge of Police Station alleging that on the basis of information received from a Mukhbir, a motor-cycle was intercepted which was being driven by the applicant and upon checking, two country made bombs tied with jute rope were recovered from a bagpack being carried by the applicant. It is alleged that two bombs were also recovered in similar manner from one Satendra @ Chotu who was riding on the pillion seat of the motor-cycle.

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5.In the affidavit filed in support of the bail application it has been stated that the applicant is innocent and has been falsely implicated in the present case and he is languishing in jail since 05.09.2021.

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6.The criminal history of the applicant has been disclosed in para 10 of the affidavit and para 2 of the supplementary affidavit filed in support of the bail application and stated that the applicant has been granted bail in all the cases.

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7.Learned counsel for the applicant has submitted that the F.I.R. has been lodged by an Inspector of the police and only police persons are witness of the incident and there is no independent witness of the alleged recovery.

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8.Keeping in view of the fact that although there is allegation

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that two country made bombs were recovered from the bagpack being carried by the applicant, there are no independent witnesses of the alleged recovery and there is nothing available on record to establish that the thing allegedly recovered were actually containing any explosives and if so, its strength, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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9.Let the applicant - Ali Raza be released on bail in Case Crime No. 320 of 2021, under Section 4/5 of Explosive Act, P.S. Bindki, District Fatehpur on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 11.10.2022 VPS

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Digitally signed by VED PRAKASH SHARMA Date: 2022.10.12 13:59:48 IST Reason: Location: High Court of Judicature at Allahabad

Ali Raza v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ali Raza v. State of U.P.

Case brief

What is this about?

What did the court decide?

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