Neutral Citation No. - 2025:AHC:10734 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46183 of 2024 Applicant :- Mohd. Amir Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- Ashish Tyagi,G.A.,Kapil Tyagi Hon'ble Sameer Jain,J. 1. Heard Sri Syed Shahnawaz Shah, learned counsel for the applicant, Sri Ashish Tyagi, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.151 of 2024, under Sections 103(1), 3, 352 B.N.S., Police Station-Hafizpur, District-Hapur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 22.10.2024 against the driver of vehicle No.T0824 UK9244C and one unknown person and according to the FIR on 21.10.2024 at about 3:10 p.m. in the afternoon when cousin brother of the informant was going from his brezza four wheeler then vehicle No.T0824 UK9244C hit him from left side and thereafter, when he came out from his brezza car then thereafter driver of the above noted vehicle No.T0824 UK9244C ran over his Thar vehicle upon him with intention to cause his death. 4. It is further mentioned in the FIR that at the spot witnesses Dharmendra Kumar and Shekhar Tyagi were present and they informed the informant that the unknown person who was sitting in the Thar vehicle along with the driver made the exhortation. 5. It is further mentioned in the FIR that in the incident brother of the informant sustained injuries and when he was brought to the hospital then he was declared dead. 6. Learned counsel for the applicant submits that applicant is not named in the FIR and during investigation his complicity was revealed and as per allegation he was sitting in the Thar vehicle along with driver. 7. He further submits that admittedly applicant was not driving the vehicle and only allegation against him is that on his exhortation the driver of the Thar vehicle ran over his vehicle upon the deceased. 8. He further submits that even entire allegation of exhortation made against the applicant is highly improbable as it is hard to believe that the two alleged eye witnesses would have heard that applicant was making exhortation. 9. He next submitted that actually it is a case of accidental death and as applicant was present in the vehicle along with driver of the vehicle therefore he has also been made accused in the present matter during investigation along with the driver of the vehicle. 10. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 24.10.2024. 11. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, with intention to cause death the Thar vehicle was ran over upon the deceased but they could not dispute the fact that Thar vehicle was not driven by the applicant and it was driven by the co-accused Hamza Quraishi. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However as per allegation with intention to cause death of the deceased co-accused Hamza Quraishi the driver of vehicle No.T0824 UK9244C ran over the vehicle upon the deceased on the exhortation of the applicant but story narrated by the alleged eye witnesses with regard to exhortation made by the applicant does not appear to be convincing. Further admittedly applicant was not the driver of the Thar vehicle. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 24.10.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Mohd. Amir be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad