High Court · 2025

3. FIR of the present case was lodged on 13.3.2025 at about 18.25 hours against the applicant and three others and some unknown persons and according to the FIR, on 12.3.2025 at about 11.30 hours applicant and other accused persons made assault upon the husband of the informant when he was going along with his other associates and due to assault made by them he sustained serious injuries and ultimately in the Hospital he died.

4. Learned counsel for the applicant submits that however, applicant is named in the FIR along with others but admittedly informant of the case, i.e., wife of the deceased was not the eye witness.

5. He further submits that it is a case of accidental death and due to accident deceased and two others, who were on the motorcycle sustained injuries and unfortunately due to injuries sustained in the accident deceased died.

6. He further submits that above fact is evident from the G.D.entry dated 13.3.2025 at 0046 hours and inquest of the case which have been annexed at pages 28 and 33 of the paper book. He next submits that after several hours FIR of the present case was lodged.

7. He further submits that even from the statements of the informant and other witnesses recorded during investigation possibility of accident cannot be ruled out.

8. He further submits that even fact of accident is also evident from the FIR which was lodged by the Police on 18.3.2025 which has been annexed at page 88 of the paper book. He pointed out that from the FIR lodged by the Police it reflects that due to above accident, road was blocked due to agitation and therefore, considering the above facts prima facie it appears to be a case of accidental death and it appears that subsequently by cooking false story, FIR of the present case was lodged.

9. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since

22.3.2025.

10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is specifically named in the FIR and there are injured witnesses also and they categorically stated that with intention to cause death of the deceased his motorcycle was hit by accused persons including the applicant through their vehicle and, therefore, it is not a case of accidental death and it appears that actually by causing injuries through running vehicle applicant and others committed the murder of the deceased.

11. They however could not dispute the fact that FIR of the present case was lodged on 13.3.2025 at about 18.25 hours and well before the FIR there is GD entry with regard to alleged accident and from its perusal it reflects that deceased sustained injuries in an accident.

12. They further could not dispute the fact that even from the perusal of the inquest report which was also prepared well before lodgement of the FIR it appears to be a case of accidental death.

13. They further could not dispute the fact that even from the perusal of the FIR lodged by Police Personnel dated 18.3.2025 it appears that deceased and others sustained injuries in the accident.

14. I have heard learned counsel for the parties and perused the record of the case.

15. However, as per allegation made in the FIR due to the assault made by applicant and others husband of the informant died and some sustained injuries but from the GD entry dated 13..3.2025 0046 hours and inquest report of the case prima facie it appears to be a case of accidental death. Record further suggests that above GD entry and inquest report have been prepared well before lodgement of the FIR of the present case.

16. Further, even from the statements of the witnesses recorded during investigation including the statement of the informant it reflects that possibility of accident cannot be ruled out at this stage.

17. Further, even from the FIR lodged by the Police Personnel dated 18.3.2025 which has been annexed along with the instant bail application, it also reflects that due to alleged accident in which deceased died agitation started and due to the agitation road was blocked and therefore considering all these facts mentioned above, the argument advanced by the learned counsel for the applicant that prima facie it appears to be a case of accidental death, cannot be ruled out at this stage.

18. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 22.3.2025.

19. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

21. Let the applicant-Ajay Raj Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

22. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

23. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.5.2025 SKM SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

3. FIR of the present case was lodged on 13.3.2025 at about 18.25 hours against the applicant and three others and some unknown persons and according to the FIR, on 12.3.2025 at about 11.30 hours applicant and other accused persons made assault upon the husband of the informant when he was going along with his other associates and due to assault made by them he sustained serious injuries and ultimately in the Hospital he died.

4. Learned counsel for the applicant submits that however, applicant is named in the FIR along with others but admittedly informant of the case, i.e., wife of the deceased was not the eye witness.

5. He further submits that it is a case of accidental death and due to accident deceased and two others, who were on the motorcycle sustained injuries and unfortunately due to injuries sustained in the accident deceased died.

6. He further submits that above fact is evident from the G.D.entry dated 13.3.2025 at 0046 hours and inquest of the case which have been annexed at pages 28 and 33 of the paper book. He next submits that after several hours FIR of the present case was lodged.

7. He further submits that even from the statements of the informant and other witnesses recorded during investigation possibility of accident cannot be ruled out.

8. He further submits that even fact of accident is also evident from the FIR which was lodged by the Police on 18.3.2025 which has been annexed at page 88 of the paper book. He pointed out that from the FIR lodged by the Police it reflects that due to above accident, road was blocked due to agitation and therefore, considering the above facts prima facie it appears to be a case of accidental death and it appears that subsequently by cooking false story, FIR of the present case was lodged.

9. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since

22.3.2025.

10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is specifically named in the FIR and there are injured witnesses also and they categorically stated that with intention to cause death of the deceased his motorcycle was hit by accused persons including the applicant through their vehicle and, therefore, it is not a case of accidental death and it appears that actually by causing injuries through running vehicle applicant and others committed the murder of the deceased.

11. They however could not dispute the fact that FIR of the present case was lodged on 13.3.2025 at about 18.25 hours and well before the FIR there is GD entry with regard to alleged accident and from its perusal it reflects that deceased sustained injuries in an accident.

12. They further could not dispute the fact that even from the perusal of the inquest report which was also prepared well before lodgement of the FIR it appears to be a case of accidental death.

13. They further could not dispute the fact that even from the perusal of the FIR lodged by Police Personnel dated 18.3.2025 it appears that deceased and others sustained injuries in the accident.

14. I have heard learned counsel for the parties and perused the record of the case.

15. However, as per allegation made in the FIR due to the assault made by applicant and others husband of the informant died and some sustained injuries but from the GD entry dated 13..3.2025 0046 hours and inquest report of the case prima facie it appears to be a case of accidental death. Record further suggests that above GD entry and inquest report have been prepared well before lodgement of the FIR of the present case.

16. Further, even from the statements of the witnesses recorded during investigation including the statement of the informant it reflects that possibility of accident cannot be ruled out at this stage.

17. Further, even from the FIR lodged by the Police Personnel dated 18.3.2025 which has been annexed along with the instant bail application, it also reflects that due to alleged accident in which deceased died agitation started and due to the agitation road was blocked and therefore considering all these facts mentioned above, the argument advanced by the learned counsel for the applicant that prima facie it appears to be a case of accidental death, cannot be ruled out at this stage.

18. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 22.3.2025.

19. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

21. Let the applicant-Ajay Raj Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

22. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

23. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.5.2025 SKM SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad