The High Court of Rajasthan dismissed a bail application by a petitioner accused of causing death of six persons while driving a vehicle under the influence of alcohol, holding the gravity of the Section 304 IPC offence precluded bail.
Bail application under Section 439 Cr.P.C. dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
O R D E R
S.B.Criminal Misc. Bail Application No.2380/2015 (Vikram Pande Vs. State of Rajasthan)
Date of Order ::::: 08.04.2015
HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL
Mr.Jitendra Pandey, for the petitioner. Mr.Prakash Thakuria,Public Prosecutor for State.
Heard learned counsel for the parties.
The accused-petitioner has moved this application for grant
of bail under Section 439 Cr.P.C. in respect of FIR No.24/2015 registered at Police Station Dudu (District Jaipur) initially for the offences under Sections 279 and 304-A IPC, which later on during investigation, was converted into for the offence under Section 304 IPC. The allegation against the petitioner is that he being driver and being under the influence of alcohal driven a goods vehicle Trolla Container bearing registration HR55-M-0423 with a high speed on a national highway at night with the knowledge that he is likely by his such act may cause death of a person using the highway and thereby by his such act caused death of as many as six persons by hitting a car in which they were travelling and were coming from the opposite side, by his aforesaid vehicle by jumping it over the divider situated in the middle of the road. The application filed by the petitioner for grant of bail has been dismissed by the Additional Sessions Judge, Sambhar Lake (District Jaipur) vide order dated 4.2.2015.
Although, initially the FIR was registered for the offences under Sections 279 and 304-A IPC by finding it a simple case of road traffic accident, but on consideration of submissions made on behalf of the respective parties and the material made available for my perusal as
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well as the evidence collected during investigation which has been produced before me by way of case diary, I, for the purpose of disposal of this bail application, prima facie found that the offence committed by the petitioner is under Section 304 IPC and, therefore, looking to the gravity of the offence and the role found of the petitioner in the incident, but without expressing any final opinion on the merit and demerit of the case, I do not find it a fit case in which benefit of bail is to be granted to the petitioner under Section 439 Cr.P.C.
Consequently, the application for grant of bail under Section
439 Cr.P.C. is, hereby, dismissed.
(PRASHANT KUMAR AGARWAL), J teekam S.No.25
“All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.”
Teekam Khanchandani Private Secretary
2 issues framed by the court
Whether bail under Section 439 Cr.P.C. should be granted in a case involving death under Section 304 IPC.
Whether the gravity of the offence justifies dismissal of the bail application.
3 provisions across 2 enactments
Vikram Pande
State of Rajasthan
Prashant Kumar Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
