HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10475 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.346 of 2025 under sections - 105, 110, 3 (5) of BNS 2023 and Sections - 3/4/5 of Explosive Substances Act, Police Station - Gudamba, District - Lucknow. 3. Learned counsel for the applicant argues that in terms of the FIR, it was alleged that on 31.08.2025 at about 11:55 AM information was received that in a village in a house, huge explosion has taken place and on getting the same information, police personnel along with the fire brigade went near the house in question which was found broken and seven people inside the home were sent to hospital out of which two persons were declared brought dead and the other persons were given the treatment. Subsequently, on the basis of the investigation, it was found that one Alam and deceased Munna and his family were illegally storing fire crackers without any licence under the Explosive Substances Act, because of which accident took place. As such, it was alleged that accused persons made the offence under sections -105, 110, 3 (5) of the BNS read with section 3/4/5 of the Explosive Substances Act. Learned counsel for the applicant argues that simultaneously another FIR was lodged being FIR No. 350/2025 under Section 4/5 of the Explosive Substances Act in which the applicant was not made an accused. He argues that the applicant is neither owner of the property nor was he storing the fire crackers with or without licence. He argues that the applicant has a cosmetic shop in which on investigation certain fire crackers were recovered because of which applicant has been linked with the offence. He further argues that even if all the allegations are treated to be gospel truth, prima facie the material to link the applicant for the offence under section 105 BNS is evidently not made out and in the worst case scenario the offence would be under section 105 Part I and not part II. As all the offences are punishable for a term less than seven years and no material to link the applicant with the explosion of fire crackers is on record, applicant is entitled to be enlarged on bail. 4. Learned AGA has opposed the bail application by arguing that huge amount of fire crackers were being stored without any licence which has resulted in accident in which two people have died and more than four people have suffered substantial injuries and considering the gravity of the offence, bail application of the applicant deserves to be rejected. It is further argued that even from the premises owned by the applicant substantial recovery of fire crackers was done which clearly indicates the complicity of the applicant with the offence in question. It is further argued that the investigation is still going on. 5. Considering the facts and circumstances and the submissions made at the bar as recorded above, prima facie the applicant was linked with the offence based on the recovery of fire Versus Counsel for Applicant(s) : Anadi Kumar Singh Counsel for Opposite Party(s) : G.A. Shoeb .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) crackers at the shop of the applicant as is evident from the bail rejection order, however, prima facie material to link him with the explosion which took place at a different place, not owned by the applicant, is prima facie missing. Even otherwise, material to link the applicant for the offence under part – II of Section 105 BNS is apparently missing, as such, the applicant who is in jail since 06.9.2025 and has criminal history of two cases which are explained and without commenting upon the merits of the case, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant - Shoeb be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. 7. Counter affidavit filed is taken on record. November 20, 2025 mks BAIL No. 10475 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench