Neutral Citation No. - 2025:AHC:66788 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5599 of 2025 Applicant :- Taj @ Abdul Suhail And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ram Pravesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ram Pravesh Yadav, learned counsel for the applicants and Sri Brijesh Pratap Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 565 of 2024, under Sections 103(1), 61(2), 109(1), 324(6) BNS & 4/5/9B Explosive Act, Police Station- Shikohabad, District- Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that, however, FIR of the present case was lodged against applicants and his father and as per allegation, father of the applicants was having license of firecrackers for outside the village but he stored the crackers in the residential area and he and applicants were illegally doing the business of firecrackers and due to explosion in the house, five persons died but as far as case of applicants is concerned, their case is distinguishable from the case of their father i.e. co-accused Bhura @ Navi Abdullah and from the FIR and other material available on record, it reflects that he was the principal accused. 4. He further submitted that, it reflects applicants have been made accused in the present matter with the aid of Section 61(2)B.N.S. He further submitted that admittedly, license of firecracker was in the name of father of the applicants. He further submitted that it appears, only being son of principal accused Bhura, applicants have been made accused in the present matter. 5. He further submitted that applicants are not having any criminal history and they are in jail since in the present matter 26.9.2024 i.e. for last more than 6 months. 6. Per contra, learned AGA opposed the prayer for bail and submitted that due to illegal activity of applicants and their father, five persons died due to explosion but could not dispute the fact that from the record, it reflects, father of applicants was the principal accused and even license of firecracker was in his name and applicants have been made accused in the present matter with the aid of Section 61(2)B.N.S. 7. I have heard both the parties and perused the record of the case. 8. However, as per allegation, applicants along with their father illegally stored the firecrackers in the residential area and due to explosion, five persons died but from the FIR and other material available on record, it reflects that co-accused Bhura@Navi i.e. father of the applicants, was the principal accused and he was the person, who was having license of firecracker and it also reflects, applicants have been made accused in the present matter with the aid of Section 61(2) BNS. 9. Further, applicants are not having any criminal history and in the present matter, they are in jail since 26.09.2024 i.e. for last more than six months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicants- Taj @ Abdul Suhail and Raja @Abdul Raza 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 13. 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 applicants. 14. 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 :- 29.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad