Neutral Citation No. - 2025:AHC:72805 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11333 of 2025 Applicant :- Nazim And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Abha Pandey,Lal Ji Pandey,Shankarshan Bankata Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Ms. Abha Pandey, learned counsel for the applicants and learned A.G.A for the State. There are allegations against the applicant in the FIR that on account of breaking on fire in cracker factory, where explosive substance were kept, seven persons died . . Learned counsel for the applicants submits that wives of the applicant no.1 and 4 also died in the incident.Applicants are real brothers of the co- accused, Nasir , who is owner of the cracker factory.It is a case of accident.There was no intention of causing murder of any person.The applicants are in jail since 6.10.2024 and have no criminal history to their credit. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicants,Nazim, Ahmad Miya@ Sujha, Mohammad Miya @ Bhura and Husnain , involved in Case Crime No.325 of 2024 , under Section- 45/46/61/61(2)/62/105/106/324(4)/324 (5) B.N.S.S. sections 5/9B/(c Explosive Act and section 3/4/5 of Explosive Substances Act Police Station- Sirauli, District- Bareilly, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with the evidence or threaten the witnesses. (ii) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicants shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 6.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad