Neutral Citation No. - 2025:AHC:38656 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46387 of 2024 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri Pradeep Kumar, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.304 of 2023, under Section 304 I.P.C., Police Station Khatauli, District Muzaffar Nagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that initially FIR of the present case was lodged for offences under Sections 279, 304- A I.P.C. and he was released on bail for offences under Sections 279, 304-A I.P.C. but during investigation after release of the applicant on bail, case was converted under Section 304 I.P.C. on the ground that at the time of accident/incident, applicant was not having valid license. 5. He further submits that after investigation, charge-sheet was also filed against the applicant for offence under Section 304 I.P.C. 6. He further submits that however charge-sheet against applicant was filed on 10.10.2023 but after charge-sheet, no summon could be served to the applicant and when applicant came to know about the fact that charge-sheet has been filed against him for offence under Section 304 I.P.C. then he himself surrendered on 30.09.2024 and therefore, it cannot be said that he is an absconder. 7. He further submits that it is a case of accidental death and as earlier applicant has been released on bail in the present matter for offences under Sections 279, 304-A I.P.C., therefore, there is no occasion to detain him further in the present matter. 8. He further submits that applicant is having no criminal history to his credit. 9. Per contra, learned A.G.A. however, opposed the prayer for grant of bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. From the record, it reflects that initially FIR of the present case was lodged for offences under Sections 279, 304-A I.P.C. and and during investigation, case was converted under Section 304 I.P.C. on the ground that at the time of accident/incident, applicant was not having valid license but record also suggests that during investigation, in the meantime, applicant had already been released on bail for offences under Sections 279, 304-A I.P.C. 12. Further, it reflects, in the present matter charge-sheet was filed against the applicant for offence under Section 304 I.P.C. on 10.10.2023 but considering the submission advanced by learned counsel for the applicant and facts of the case, this Court finds merit that applicant does not appear to be absconder. 13. Further, this Court also finds merit in the argument advanced by learned counsel for the applicant that as earlier applicant has been released on bail for offences under Sections 279, 304-A I.P.C., therefore, there is no occasion to detain him further in the present matter. 14. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 30.09.2024 i.e for last more than five months. 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- Ajay, 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 :- 18.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad