Neutral Citation No. - 2025:AHC:18955 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46484 of 2024 Applicant :- Dheeru @ Dhirendra Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Saxena, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 163 of 2024, under Sections 118(2), 61(2), 105 B.N.S., Section 3(b), 5(b) of Explosive Substances Act, 1908 and Section 9B of Explosive Act,1884, Police Station Samthar, District Jhansi during pendency of the trial. 3. FIR of the present case was lodged on 01.10.2024 against three accused persons (non applicant) and according to the FIR the nominated accused persons were illegally manufacturing the crackers and during manufacturing the explosive exploded due to which, number of persons sustained injuries including co-accused Nasreen. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 118(2), 61(2) B.N.S., Section 3(b), 5(b) of Explosive Substances Act, 1908 and Section 9B of Explosive Act,1884, but subsequently when three injured persons died then case was converted under Section 105 B.N.S. 5. He further submits, applicant was not named in the FIR and during investigation through the statement of nominated accused Amit Kumar, he has been made accused in the present matter and except the statement of co-accused, there is no cogent evidence against the applicant on record. He further submits, if nominated accused by illegal means were making the crackers then applicant cannot be held liable for the same. 6. He further submits, applicant was not having any previous criminal history but after lodgement of the FIR of the present case, he has been made accused in one another case of Explosive Act and as per allegation from his house explosive materials were recovered but entire allegation leveled against the applicant is totally false and in that case applicant has already been released on bail. 7. He further submits, in the present matter applicant is in jail since 05.10.2024. 8. Per contra, learned AGA opposed the prayer for bail and submitted, it is a case in which due to the illegal activity of applicant and others three persons lost their lives and number of persons sustained injuries but could not dispute the fact that applicant was neither named in the FIR nor he was present at spot and he has been made accused through the statement of co-accused Amit Kumar. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, due to the illegal activities of the applicant and other co-accused persons three persons died and three persons sustained injuries but it reflects that applicant was neither named in the FIR nor he was present at spot and he was made accused in the present matter through the statement of co- accused Amit Kumar. 11. Further, however, it reflects, when applicant was arrested then from his house explosives were recovered and in this regard a separate FIR was lodged against him under the provisions of Explosive Act but as far as merit of the present case is concerned, it appears, except the statement of co-accused Amit Kumar, there is no evidence against the applicant on record and in the above case of Explosive Act, applicant has already been released on bail. 12. Further, in the present matter applicant is in jail since 05.10.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Dheeru @ Dhirendra Sahu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) 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 or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad