This bail application sought release from custody in a case involving a fatal road accident. The court noted the shift from simple neglegence charges to Section 304 IPC regarding knowledge of potential death. The application was rejected, holding the applicant ineligible for bail based on these facts without prejudice to trial merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:148855
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31548 of 2023 Applicant :- Ajay Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
record on the basis of which it can be said that applicant was having any intention to cause death of the deceased and it was mere a case of accident and, therefore, applicant may be enlarged on bail.
could die and, therefore, in my view, applicant, who is in jail only for the last about two months, is not entitled to be released on bail.
Order Date :- 26.7.2023
SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case arising from a fatal road accident.
Whether subjective grounds of negligence and rash driving negate entitlement to bail despite lack of intention to cause death.
Ajay Kumar Singh
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
