Allahabad HC Grants Bail To Man In A Case Involving Alleged Possession Of 1.25 Kg Of RDX And Detonators
The Allahabad High Court has granted bail to a man in the 2007 case of alleged possession of 1.25 Kg. of RDX and three detonators.
The bench of Justice Attau Rahman Masoodi and Justice Saroj Yadav granted bail while noting that the ground raised by the appellant on the aspect of recovery of explosive substance required consideration and that the appellant already served out the sentence for about 16 years.
The applicant-appellant has been convicted under Sections 4 and 5 of the Explosive Substances Act, under Sections 18, 20 and 23 of the Unlawful Activities (Prevention) Act, Sections 121-A, 353 I.P.C. He has been sentenced to life imprisonment.
As per the prosecution case, the applicant-appellant was picked up from his residence by the police whereafter a raid was conducted at his residential place and he was shown to have been allegedly possessed with 1.25 Kg. of RDX and three detonators, besides one receipt as well as a sum of Rs.300/- outside the premise of the Barabanki Railway station. The prosecution had alleged that the aforesaid explosive substance was recovered from him.
Senior Advocate I.B.Singh appeared for the appellant whereas AGA Umesh Verma appeared for the State.
The Court noted that the trial has proceeded merely on the basis of recovery and the said recovery has not been connected to any offence by the prosecution.
“…the trial has proceeded merely on the basis of recovery and the said recovery has not been connected to any offence by the prosecution, therefore the case at hand is independent of any past attributes against the appellant who has already served out the sentence for about 16 years.”, the Court said.
Considering all the facts and circumstances of the case, the Court ordered the applicant-appellant to be enlarged on bail.
"Let the applicant/ appellant - Mohammad Tariq Qashmi be released on bail in Sessions Trial No.310 of 2008 arising out of Case Crime No.1891 of 2007 (supra) during the pendency of appeal...", the Court said.
Cause Title- Mohammad Tariq Qashmi v. State of U.P