Neutral Citation No. - 2025:AHC:78578 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44386 of 2024 Applicant :- Sharad Goel @ Kakul Goel Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Jaiswal,Gautam Baghel,Om Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Shri Gautam Baghel learned counsel for the applicant, Shri Yagvalkaya Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sharad Goel @ Kakul Goel, seeking enlargement on bail in Case Crime No. 236 of 2024, under Sections 318 (4), 338, 336 (3), 340 (2), 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 5/9B Explosive Act, Police Station Sadar Bazar, District Meerut. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.10.2024. Learned counsel for the applicant submits that there is no independent witness of the alleged recovery of fire cracker or explosive items and cold drinks. The applicant has neither any concern from the alleged godown from where the alleged recovery was effected. The applicant and his brother are running a general merchant shop at his house at Swamipada and on the date of alleged incident, they went to Rama Mills area for purchasing some goods and on seeing the gathering behind the Rama Mills, they stopped the bike. Thereafter, police personnel came to the applicant and asked to witness the alleged recovery. The applicant and his brother denied the same, consequent upon, the investigating officer has shown the false recovery against the applicant and his brother. Learned counsel for the applicant submits that owner of the premises, namely, Sandip Singhal in his statement has admitted that the alleged godown was taken by the applicant on rent only for one month during festival of Holi. He has history of only one criminal case, which has sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail by submitting that huge quantity of explosive items and expired cold drinks, real juice, etc., were recovered from the alleged premises, which was taken on rent by the applicant and his brother. The machine labeler were also recovered from the godown. The applicant and his brother used to sell expired cold drinks and other juice by removing expiry date and mentioning thereon new expiry dates and consumption of the same is harmful for the health of public at large. The nearby shopkeeper Anal Kumar Agarwal has also supported the avernments of owner of godown. Learned AGA further submits that the applicant was not having valid licence for storing and selling the explosive items. The explosive items were stored in a dense area due to which the life and liberty of innocent public was put at a high risk. Learned AGA submits that applicant has criminal history of the same offence, hence, applicant does not deserve to be released on bail. 6. I have heard learned counsel for the parties and perused the record. 7. From the perusal of record, it is clearly established that applicant and his brother had admitted that they concealed the explosive items and got recovered huge quantity of explosive items and expiry dates of cold drinks, real juice, etc., with machine labeler to the Police Party. The applicant and his brother has criminal history of the same offence. The storage of explosive items were made in density populated area due to which the life and liberty of innocent public was put at a high risk by the applicant and his brother. From the record it is also established that the applicant and his brother used to sell expired cold drinks etc., by removing the expiry date with the help of thinner and generating new dates through labeler machine. 8. Considering all above facts and circumstances of the case, the applicant does not deserve to enlarge on bail. The bail application is accordingly rejected. Order Date :- 10.3.2025/Akbar (Ashutosh Srivastava, J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad