Shri Mukesh Shokeen v. State of U.P. and another, and Criminal Misc. Writ Petition No

Applicant :- Mahesh @ Mahesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Trideep Narayan Pandey,Bal Keshwar Srivastava,Charu Singh,Nivedita Shukla,Priya Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Bal Keshwar Srivastava, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Mahesh @ Mahesh Singh) is languishing in jail since 16.05.2025 in Case Crime No.0164 of 2025, under Sections 105, 125(a), 125(b), 281, 324(4) of B.N.S., 2023, Police Station- Mohanlalganj, District- Lucknow. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. It is alleged in the F.I.R. that on 14.05.2025, the complainant, along with his family members, boarded Bus No. UP 17 AT 6372 from Muzaffarpur to Karnal at approximately 4:00 PM. The bus was reportedly operated by Travel Point World LLP. According to the complaint, at around 5:00 AM on 15.05.2025, a fire suddenly broke out inside the bus near the Haraksha Gaddi underpass at Kisan Path, Lucknow, the cause of which remains unknown. The incident caused widespread panic among the passengers. Several passengers reportedly sustained injuries, and tragically, four people, including members of the complainants family, lost their lives. The driver, Ramshankar Yadav, and the conductor, Neeraj, are alleged to have fled the scene immediately after the incident. It is further alleged that around 100 individuals were on board at the time.

4. Learned counsel for the applicant has stated that the present applicant is a driver of the bus and there was no fault of any kind whatsoever on his part and the unfortunate accident was beyond his understanding inasmuch as the cause of death is unknown and no spcific report has been submitted. Investigation is going and the present applicant undertakes that he shall cooperate in the investigation and shall not misuse the liberty of bail, if so granted, shall abide by all terms and conditions of the bail order. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever and no similar accident took place earlier while the applicant was driving the bus.

5. Attention has been drawn towards the Annexure-3 which is an interim order dated 20.06.2025 passed by this Court in Criminal Misc. Writ Petition No. 5354/2025; Shri Mukesh Shokeen vs. State of U.P. and another, and Criminal Misc. Writ Petition No. 4883/2025; M/S Travel Point World Llp through designated partner Shri Sandeep Shokeen vs. State of U.P. and others, wherein owner of the bus and the traveller company has been granted arrest stay, therefore, the present applicant may be enlarged on bail.

6. Learned AGA has opposed the aforesaid bail prayer but could not dispute the aforesaid facts.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the facts that the cause of death is unknown and no spcific report has been submitted, Annexure-3 which is an interim order dated 20.06.2025 passed by this Court, wherein owner of the bus and the traveller company has been granted arrest stay, investigation is going on, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the investigation properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant (Mahesh @ Mahesh Singh) be released on bail in the aforesaid case crime number on his 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 Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. (v) The present applicant shall appear before the Investigating Officer within 24 hours after releasing from the jail to cooperate in the investigation and he shall further cooperate in the investigation till completion thereof and till filing of police report, failing which, this order may be withdrawn on the application being filed by the opposite parties/prosecution. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Applicant :- Mahesh @ Mahesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Trideep Narayan Pandey,Bal Keshwar Srivastava,Charu Singh,Nivedita Shukla,Priya Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Bal Keshwar Srivastava, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Mahesh @ Mahesh Singh) is languishing in jail since 16.05.2025 in Case Crime No.0164 of 2025, under Sections 105, 125(a), 125(b), 281, 324(4) of B.N.S., 2023, Police Station- Mohanlalganj, District- Lucknow. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. It is alleged in the F.I.R. that on 14.05.2025, the complainant, along with his family members, boarded Bus No. UP 17 AT 6372 from Muzaffarpur to Karnal at approximately 4:00 PM. The bus was reportedly operated by Travel Point World LLP. According to the complaint, at around 5:00 AM on 15.05.2025, a fire suddenly broke out inside the bus near the Haraksha Gaddi underpass at Kisan Path, Lucknow, the cause of which remains unknown. The incident caused widespread panic among the passengers. Several passengers reportedly sustained injuries, and tragically, four people, including members of the complainants family, lost their lives. The driver, Ramshankar Yadav, and the conductor, Neeraj, are alleged to have fled the scene immediately after the incident. It is further alleged that around 100 individuals were on board at the time.

4. Learned counsel for the applicant has stated that the present applicant is a driver of the bus and there was no fault of any kind whatsoever on his part and the unfortunate accident was beyond his understanding inasmuch as the cause of death is unknown and no spcific report has been submitted. Investigation is going and the present applicant undertakes that he shall cooperate in the investigation and shall not misuse the liberty of bail, if so granted, shall abide by all terms and conditions of the bail order. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever and no similar accident took place earlier while the applicant was driving the bus.

5. Attention has been drawn towards the Annexure-3 which is an interim order dated 20.06.2025 passed by this Court in Criminal Misc. Writ Petition No. 5354/2025; Shri Mukesh Shokeen vs. State of U.P. and another, and Criminal Misc. Writ Petition No. 4883/2025; M/S Travel Point World Llp through designated partner Shri Sandeep Shokeen vs. State of U.P. and others, wherein owner of the bus and the traveller company has been granted arrest stay, therefore, the present applicant may be enlarged on bail.

6. Learned AGA has opposed the aforesaid bail prayer but could not dispute the aforesaid facts.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the facts that the cause of death is unknown and no spcific report has been submitted, Annexure-3 which is an interim order dated 20.06.2025 passed by this Court, wherein owner of the bus and the traveller company has been granted arrest stay, investigation is going on, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the investigation properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant (Mahesh @ Mahesh Singh) be released on bail in the aforesaid case crime number on his 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 Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. (v) The present applicant shall appear before the Investigating Officer within 24 hours after releasing from the jail to cooperate in the investigation and he shall further cooperate in the investigation till completion thereof and till filing of police report, failing which, this order may be withdrawn on the application being filed by the opposite parties/prosecution. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench