Neutral Citation No. - 2025:AHC-LKO:5830 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 792 of 2025 Applicant :- Prashant Singh Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dr. Ajai Pratap Singh Chauhan Counsel for Opposite Party :- G.A.,Surya Kant Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Sri Rafia Farooqi, learned A.G.A. for the State and Sri Surya Kant Awasthi, advocate who has filed his vakalatnama on behalf of the informant/ complainant. 2. As per learned counsel for the applicant, the present applicant is in jail since 11.11.2024, in FIR/ Case Crime No. 53 of 2024, under Sections 304, 34 IPC, Police Station- Kurebhar, District- Sultanpur. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR which was initially lodged under Section 279 and 304(A) of IPC. In the aforesaid FIR, the allegation has been levelled against the driver of the car bearing No.UP42AV4295. On account of the accident with the aforesaid car, one Prashant Tiwari died. Thereafter, one claim petition bearing No. 333 of 2024 was filed by the parents and brother of the deceased before Motor Accident Claim Tribunal, South Lucknow (Annexure No. 4). During investigation, on the basis of some evidence and material received, charge sheet has been filed under Section 304 & 34 of IPC against the present applicant and others. The present applicant is neither the car owner of the offending car, nor was he driving the said car at the time of accident. As per prosecution story, the applicant was sitting in the car when the alleged incident took place. The present applicant is having his permanent address and therefore there is no flight risk. The applicant has no prior criminal history of any kind whatsoever. 4. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 5. Learned counsel for the informant/ complainant has, however, opposed the prayer for bail by submitting that the present applicant and other co-accused persons were actively involved in committing the crime in question as they have deliberately and intentionally hit the victim( since deceased) resultant thereof, the victim died. Learned A.G.A. for the state has also opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that initially the FIR was lodged under Section 279 and 304(A) of IPC and in the aforesaid FIR, the allegation was levelled against the driver of the car bearing No.UP42AV4295; the present applicant is neither the car owner of the offending car, nor was he driving the said car at the time of accident, rather he was sitting in the car when the alleged incident took place; charge sheet has been filed; the applicant has no prior criminal history of any kind and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Prashant Singh be released on bail in the aforesaid case crime number on his 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 file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) 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. is issued and the 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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. (v) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan,J.) Order Date :- 27.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench