Allahabad HC Grants Bail to Majhar Accused for Making Explosives

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On the Order dated, 3 September 2020, Majhar was released on bail. He was arrested in June 2020 for making explosives (five-country bombs) and was filed under the provisions of the Indian Explosive Act, 1903.

Background of the Case

On 12 June 2020, the applicant, Majhar akin Majhab, was arrested for having been made five-country bombs. These explosives were recovered from him. Resultantly, he was filed under Section 4 (Punishment for an attempt to cause an explosion, or for making or keeping explosive with intent to endanger life or property) and 5 (Punishment for making or possessing explosives under suspicious circumstances) of the Indian Explosive Act, 1908 at the Police Station (PS) of Nawabganj in Allahabad. He had been in the prison from June 2020. The present bail application was filed by Majhar.

Submissions Before the Court

The learned Counsel for Majhar had stated that the latter was falsely implicated on 13 June 2020 by the Police Officers of the Nawabganj PS, Allahabad. Furthermore, there were no public witnesses during the recovery of the explosive by the police. It was also mentioned that Majhar had no criminal record. Learned Additional Government Advocate (AGA) has opposed the bail application but not on the basis of the above-mentioned arguments.

Court’s Decision

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Given the above submissions, the bench comprised of Justice Siddharth had directed that Majhar can be released on bail on his furnishing a personal bond and two sureties (and verify them beforehand) in the amount to the satisfaction of the Court. Major was further directed to fulfil certain conditions, and in case of violation of any of the following conditions, the bail shall stand invalid:

  • He shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
  • He shall cooperate in the trial sincerely without seeking any adjournment.
  • He shall not indulge in any criminal activity or commission of any crime after being released on bail.
  • In case he has been enlarged on short term bail as per the order of the committee constituted under the orders of Hon’ble Supreme Court his bail shall be effective after short term bail comes to an end.
  • He shall be enlarged on bail on the execution of personal bond without sureties till the normal functioning of the Courts is restored. The accused will furnish sureties to the satisfaction of the Court below within a month after the normal functioning of the Courts is restored.

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