High Court · 2025

1.Heard Sri Anand Kanaujia, learned counsel for the applicant, Ms. Rafiya Farooqui, learned Additional Government Advocate for the State and Sri Diwakar Verma, learned counsel, who has filed Vakalatnama on behalf of the Complainant/informant. The same is taken on record.

2.Learned counsel for the applicant has filed the supplementary affidavit, today in the Court, enclosing therewith the copy of the statement of the informant, eye witness and the injured person, which is taken on record.

3.As per learned counsel for the applicant, the present applicant (Karan Sahu) is languishing in jail since 11.05.2025 in F.I.R./Case Crime No.0079 of 2025, under Sections 105, 281, 125-A & 125-B of Bharatiya Nyaya Sanhita, 2023 Police Station-Talkatora, District-Lucknow.

4.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

5.Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation has been levelled against unknown driver of Vehicle No.HR-26/CF- 3124. The present applicant is a owner of the aforesaid vehicle, but such vehicle was not driven by him inasmuch as such vehicle was driven by his driver Sri Naaz Siraj Ahmad @ Naaz Miyan and unfortunately an incident took place when his driver was driving his Car.

6.Further attention has been drawn towards Annexure No.2 of the bail application, which is the written application of the driver of the vehicle submitted before the learned trial court concerned admitting his guilt that he was safely driving his Car but all of sudden one Motorcycle came from wrong side and colluded with his car, resultant thereof, the pillion rider of the Motorcycle, who was a lady, died.

7. Learned counsel for the applicant has stated that in this case investigation is going on. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the investigation/trial proceedings properly, therefore, the present applicant may be released on bail.

8. On the other hand, learned Additional Government Advocate as well as learned counsel for the informant Sri Diwakar Verma have vehemently opposed the prayer for bail of the present applicant by submitting that it is the present applicant who was driving the aforesaid car and death was caused on negligent driving of the car, therefore, he is not entitled for grant of bail, but they could not dispute the aforesaid contention of learned counsel for the applicant.

9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the allegation has been levelled against unknown driver of Vehicle No.HR-26/CF-3124; the fact that the driver of the vehicle has submitted application before the learned trial court concerned admitting his guilt that he was safely driving his Car but all of sudden one Motorcycle came from wrong side and colluded with his car; 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 shall cooperate with the trial proceedings and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail in this case.

10. Accordingly, the instant bail application is allowed.

11. Let the applicant (Karan Sahu) 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 file an undertaking to the effect that he 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 applicant shall not leave the country without prior permission of the Court.

12. The present applicant is directed to appear before the Investigating Officer within 48 hours from release of the jail to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report, failing which, bail granted to the present applicant may be cancelled on the application being filed by the State. . Order Date :- 24.7.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

1.Heard Sri Anand Kanaujia, learned counsel for the applicant, Ms. Rafiya Farooqui, learned Additional Government Advocate for the State and Sri Diwakar Verma, learned counsel, who has filed Vakalatnama on behalf of the Complainant/informant. The same is taken on record.

2.Learned counsel for the applicant has filed the supplementary affidavit, today in the Court, enclosing therewith the copy of the statement of the informant, eye witness and the injured person, which is taken on record.

3.As per learned counsel for the applicant, the present applicant (Karan Sahu) is languishing in jail since 11.05.2025 in F.I.R./Case Crime No.0079 of 2025, under Sections 105, 281, 125-A & 125-B of Bharatiya Nyaya Sanhita, 2023 Police Station-Talkatora, District-Lucknow.

4.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

5.Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation has been levelled against unknown driver of Vehicle No.HR-26/CF- 3124. The present applicant is a owner of the aforesaid vehicle, but such vehicle was not driven by him inasmuch as such vehicle was driven by his driver Sri Naaz Siraj Ahmad @ Naaz Miyan and unfortunately an incident took place when his driver was driving his Car.

6.Further attention has been drawn towards Annexure No.2 of the bail application, which is the written application of the driver of the vehicle submitted before the learned trial court concerned admitting his guilt that he was safely driving his Car but all of sudden one Motorcycle came from wrong side and colluded with his car, resultant thereof, the pillion rider of the Motorcycle, who was a lady, died.

7. Learned counsel for the applicant has stated that in this case investigation is going on. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the investigation/trial proceedings properly, therefore, the present applicant may be released on bail.

8. On the other hand, learned Additional Government Advocate as well as learned counsel for the informant Sri Diwakar Verma have vehemently opposed the prayer for bail of the present applicant by submitting that it is the present applicant who was driving the aforesaid car and death was caused on negligent driving of the car, therefore, he is not entitled for grant of bail, but they could not dispute the aforesaid contention of learned counsel for the applicant.

9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the allegation has been levelled against unknown driver of Vehicle No.HR-26/CF-3124; the fact that the driver of the vehicle has submitted application before the learned trial court concerned admitting his guilt that he was safely driving his Car but all of sudden one Motorcycle came from wrong side and colluded with his car; 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 shall cooperate with the trial proceedings and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail in this case.

10. Accordingly, the instant bail application is allowed.

11. Let the applicant (Karan Sahu) 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 file an undertaking to the effect that he 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 applicant shall not leave the country without prior permission of the Court.

12. The present applicant is directed to appear before the Investigating Officer within 48 hours from release of the jail to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report, failing which, bail granted to the present applicant may be cancelled on the application being filed by the State. . Order Date :- 24.7.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench