Allowed

Gaurav v. State of U.P.

Allahabad HC14 Dec 2023BAIL/52485/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad enlarged the applicant on bail in a case involving rash and negligent driving resulting in death. The court observed there was no convincing material to indicate the possibility of tampering with evidence even though the court did not express an opinion on the merits.

What did the court decide?

Applicant was enlarged on bail on furnishing a personal bond and two heavy local sureties subject to strict conditions.

Gaurav Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:236685

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52485 of 2023

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Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Saran,Girish Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. Learned counsel further submits that F.I.R. under Sections 279, 337, 338, 304-A, 427 I.P.C. was lodged by the complainant against the applicant alleging therein that on the date of incident at about 1:00 hours in the night when his son was coming to his home by his loader motorcycle along with other persons riding on the same the applicant while driving his car had hit them on account of which son of complainant died on the spot and three other persons also sustained grievous injuries. Learned counsel for the applicant further submits that on the basis of medical report of the applicant wherein he was found having consumed alcohol the offence under Section 304-A I.P.C. was converted to Section 304 I.P.C. Learned counsel for the applicant further submits that two eye witnesses of the incident, in their statements recorded before the police have narrated the entire incident and made suspicion that car of the applicant was hit by an unknown truck. Learned counsel for the applicant further submits that it is not a case of rash and negligent driving of the car belongs to applicant, but it was some unknown truck which first hit the car of the applicant from rear side of the car, in result thereof the car of applicant hit the loader motorcycle of the deceased, which fact is appearing from the photographs of the car taken after the accident. Learned counsel for the applicant further submits that there is no motive assigned to the applicant for causing death to the son of complainant, the complainant is not eye witness of the incident, two eye witnesses who were present on the spot at the time of accident have made suspicion that car of the applicant was hit by some unknown truck, thus, it appears that it is a case of an accident, and applicant has falsely been implicated in

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the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 14.11.2023, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant- Gaurav, involved in Case Crime No. 596 of 2023, under Sections 279, 337, 338, 427, 304 I.P.C., Police Station Sadar Bazar, District Agra, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. 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 and the trial court may proceed against him under Section 229-A IPC.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

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The bail application is allowed.

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Order Date :- 14.12.2023 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Gaurav v. State of U.P.

Case brief

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Gaurav v. State of U.P.

Case brief

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