M.Cr.C. No.6175/2010
27.07.2010
Shri S.C.Datt, Senior Advocate with Shri Ajay
Mishra, Advocate for the applicants.
Shri S.K.Kashyap, Public Prosecutor for the
respondent/State.
Heard both the parties.
Case diary of Crime No.340/2010 registered at
Police Station Garha District Jabalpur for the offence
punishable under Sections 3/5 of the Explosive
Substances Act, 1908 (for short the “Act, 1908”) is
perused.
The applicants are apprehending their arrest in
the aforesaid crime.
Learned counsel for the applicants submits that
though the police has registered the crime under
Sections 3/5 of the Act, 1908, but there is no evidence
against the present applicants. It is true that the
applicants were the developers of a particular land and
they have some authority to do the mining work in the
land situated at Village Purva, Tahsil & District
Jabalpur, but the applicants have given the work of
breaking the stones to one Kashi Ram Sethi and in that
work Kashi Ram Sethi did not use any explosive
substance. He further submits that the police has not
found any explosive substance on the land given for
mining to the applicants. In the report of CSP,
Gorakhpur, he concluded that the entire work has
been made by the present applicants on their own
land, no use of explosive has been made and,
therefore, since no offence is made out against the
applicants, being reputed citizen of the society, they
may be enlarged on anticipatory bail.
Learned public prosecutor for the State opposes
the application.
Keeping in view the submissions made by learned
counsel for the applicant and the facts and
circumstances of the case, I am of the view that this is
a fit case for grant anticipatory bail to the applicants.
Consequently, this application under Section 438,
Cr.P.C. is hereby allowed. It is directed that in the
event of arrest, applicants Sunil Kumar Jain and
Satish Gour shall be released on bail on furnishing a
personal bond in the sum of Rs.35,000/- (Rupees thirty
five thousand) each with a solvent surety in the like
amount to the satisfaction of the Arresting Authority.
The applicants shall further abide by the
conditions enumerated in sub-Section (2) of Section
438 of Cr.P.C.
This order shall remain in force for a period of 30
days and in the meanwhile, if the applicants so desire,
may move an application for regular bail before the
competent Court.
C.C. as per rules.
(N.K.Gupta)
Judge
Ansari.