1 crab1568.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1568 OF 2011 Shri Jayendra Janardan Chaudhary ...Applicant. Vs. The State of Maharashtra ..Respondent Shri A.P.Mundargi, Senior Advocate a/w Shri Subhash Desai, Shri Sajit Suvarna and Shri Gaurav Parkar i/by M/s DSK Legal for the Applicant. Shri Y.S. Shinde, APP for the State. CORAM : J.H. BHATIA, J. DATE : 16TH NOVEMBER, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No. 135 of 2011 registered with Bhoisar Police Station for the offence punishable under section 304, 284,287 of Indian Penal Code. 2. The FIR lodged on 20th September, 2011 by one Sonu Munna Singh and documents revealed that one Shankar Upadhayay was the Chief Manager and Sanjiv Patil was Production Manager and the present applicant Jay Jayendra Janardan Choudhary was the supervisor and they were responsible for the day-to-day running of the factory of Sequent Scientific Ltd. situated at MIDC area Bhoisar. The factory was engaged in the 2 crab1568.11.sxw production of veterinary drugs in which several poisonous gases, including hydrogen sulphide, were used. On 20 September, 2011 at about 7 p.m. on 3rd floor of the factory there was leakage of hydrogen sulphide gas and as a result of the same, four persons died and ten persons were required to be given treatment in the hospital. According to the prosecution, no safety measures were taken nor any gas mask were given to the workers nor any training was given to the workers for their protection in the case of gas leakage and thus disaster management was completely absent. These contentions are denied by the present applicant. 3. The applicant was arrested on the same day and was in police custody. His statement was recorded and presently he is in judicial custody. The Chief Manager and Production Manager also surrendered and the learned APP on instructions makes a statement that they were in police custody for one day. Their statements were recorded and now they have been remanded in judicial custody. Taking into consideration the facts and circumstances of the case, I do not see any valid reason to refuse the bail to the present applicant when the investigation is almost completed. 4. Therefore, the applicant be released on executing P.R. bond of Rs. 25,000/- with solvent surety in like amount with condition that he shall not tamper with prosecution evidence. ( J.H. BHATIA , J.)