J&K High Court Grants Bail for an Offence Under Explosive Substances Act

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On 18th August 2020, Justice Puneet Gupta heard the case of Mohd. Khalil vs Union Territory of J&K, via video-conferencing. The Court granted the bail to the accused as there was no impediment.

Facts of the case

It is alleged that 15 kg of the explosive substance was recovered during the search from the store of accused’s house. The accused, along with his co-accused Yousaf, is facing trial for offences under Section 4, 5 and 6 of the Explosives Substances Act. The co-accused has already been bailed out on 23.06.2020. On 17.12.2019, an order was passed dismissing the bail application filed by the accused. The accused has filed a bail application in this Court.

Arguments of the Petitioner

The learned counsel for the petitioner argues that Mushtaq Ahmed and Farooq Ahmed have falsely implicated the accused due to the old rivalry. Further, he argues that the Court cannot make any comment on this argument of the learned counsel for the accused. It is for the accused to take such a plea during the trial. Moreover, the explosive is not recovered from the house of the accused in his presence.

Arguments of the Respondent

The learned counsel for the respondent opposes the bail application of the accused on the ground that they recovered explosive substance from the accused. Moreover, the offence is heinous. There is every possibility that the accused may tamper with the prosecution evidence.

Court’s Analysis

The explosive was recovered from the house of the accused in his absence. The recovered explosive is of low intensity as per the Forensic Science Laboratory’s report. The punishment for the offences is not exclusively death or life imprisonment. The co-accused stands bailed out as the explosive was recovered in his absence. Further, the challan is filed in the Court of law. The eyewitnesses in the challan are mainly police personnel. Therefore, the argument of accused influencing the witness is invalid. The Court finds no impediment in granting the bail to the accused who is in custody for the last eleven months.

Court’s Decision

The Court allowed the bail application of the accused. The accused is granted bail subject to the following conditions –

  • He must furnish a personal bond of Rs 1 lakh.
  • He must furnish a surety bond of an amount that is in satisfaction of the Presiding Officer of the Trial Court.
  • He must appear in the challan proceedings as per directions of the Trial Court.
  • He must not leave the jurisdiction of the Trial Court without its permission.
  • He must not influence the prosecution witnesses in any manner.

Therefore, the Court disposed of the bail application.


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