Dismissed
Vijaypal v. State of U.P.
Allahabad HCBAIL/28552/2022
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What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28552 of 2022
Applicant :- Vijaypal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra,Mehdi Abbas Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Mehdi Abbas, the learned counsel for the applicant, Sri Ghanshhyam Mishra, the learned State Counsel and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 456 of 2022 of 2022, under Sections 3/5/25 Arms Act, Police Station Kotwali Shahar, District Bulandshahar.
3.The aforesaid case has been registered on the basis of a first information report lodged by a Senior Sub-Inspector of Police stating that on the basis of an information received from a Mukhbir, a police party raided a grove and found that two persons were engaged in making country made pistols. The applicant was apprehended on the spot and the other co-accused person Jaswant escaped taking benefit of darkness. It is alleged that 10 country made pistols of 315 bore, an under construction country made pistol and some equipments used in making country made pistol were recovered from the spot.
5.The learned counsel for the applicant has submitted that the prosecution could not establish as to from whom the applicant purchased the raw material and to whom, he has sold the illegally made pistols. He has further submitted that a factory cannot be run in an open place like a grove and the recovery has been made at the night time whereas no manufacturing would be carried out during darkness.
6.Per contra, Sri Ghanshhyam Mishra, the learned State Counsel has opposed the prayer for grant of bail and he has submitted that the applicant has a criminal history of seven cases under the Arms Act and considering his criminal history, it would not be in the interest of justice to enlarge the applicant
on bail. He has further submitted that the applicant is in custody since 29.05.2022, however the minimum punishment, which can been inflicted upon the applicant in case of his conviction is imprisonment of 10 years and he can be punished for imprisonment upto life.
7.I have considered the aforesaid facts and submissions. The applicant has been arrested from the spot and numerous country made pistols, the semi built pistols and other equipments used for manufacturing the weapons have been recovered by the police. The recovery has been made from a grove, which is an open area and, therefore, it is not mandatory for the police to arrange independent witnesses at the time of raid. The submission regarding non-disclosure of names of supplier and purchaser of the applicant is not relevant. The applicant has been arrested along with illegally made weapons used for manufacturing of the weapons.
8.Considering the aforesaid facts and circumstances and keeping in view the fact that the applicant has a long criminal history of seven cases under the Arms Act, there is a reasonable apprehension that in case the applicant is released on bail, he will again indulge in some activities. For the aforesaid reasons, I do not find it to be a fit case to release the applicant on bail.
9.The bail application is, accordingly, rejected.
Order Date :- 11.10.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.10.13 17:49:06 IST Reason: Location: High Court of Judicature at Allahabad
Vijaypal
Subhash Vidyarthi
As recorded by the court registry
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