Allowed

Vishvanath Pratap Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Allahabad HC11 Sept 2024BAIL/9689/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application in a criminal miscellaneous matter arising from a fatal accident caused by rash driving. The bench held that the offence fell under Section 106(1) BNS, allowing the applicant to be released on personal bonds and sureties.

What did the court decide?

Bail granted on personal bond and two sureties of Rs. 20,000 each under Sections 281, 105, 324(4) B.N.S.

Vishvanath Pratap Singh vs State of U.P. Thru. Addl. Chief… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62725

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9689 of 2024

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Applicant :- Vishvanath Pratap Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko Counsel for Applicant :- Deepti Gupta,Upendra Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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In terms of the F.I.R. lodged on 12.7.2024 at about 4.00, the son of the informant was going to Bazaar when the applicant who was driving a bus, driving the same rashly and negligently hit the son of the informant which resulted in substantial injuries. It was also stated that the applicant who was driving the bus, did not stop the bus and ultimately went and surendered in the Police Station. Subsequently, unfortunately the son of the informant had died.

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In the light of the said, submission of learned counsel for the applicant is that the case would fall under Section 106 (1) B.N.S. which is punishable for a term upto two years and not under Section 105 B.N.S. in which the applicant is proposed to be tried. Hence, the applicant who is languishing in custody since 12.7.2024 having no criminal history, may be enlarged on bail.

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4 Learned A.G.A. opposed the prayer for bail.

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Considering the F.I.R. in question, prima facie it is a case under Section 106 (1) of the B.N.S. as such I am of the opinion that the applicant who is in custody since 12.7.2024 having no criminal history, is entitled to be enlarged on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Vishvanath Pratap Singh be released on bail in FIR/ Case Crime No.314 of

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2024, under Sections 281, 105, 324(4) B.N.S., 2023, Police Station Inayatnagar, District Faizabad/ Ayodhya on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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Order Date :- 11.9.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Vishvanath Pratap Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Vishvanath Pratap Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Case brief

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What did the court decide?

What the court decided

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