Neutral Citation No. - 2025:AHC-LKO:10560 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1476 of 2025 Applicant :- Akash Gupta And Another 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. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajay Pratap Singh Chauhan, learned counsel for the applicants and Ms. Sudha Sharma, learned A.G.A. for the State. 2. As per learned counsel for the applicants, the present applicants are 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 applicants has submitted that the applicants have been falsely implicated in the present case as they have 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.UP32AV4295. 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 applicants and others. The present applicants are neither the car owner of the offending car, nor were they driving the said car at the time of accident. As per prosecution story, the applicants were sitting in the car when the alleged incident took place. The present applicants are having his permanent address and therefore there is no flight risk. The applicants have no prior criminal history of any kind whatsoever. 4. Learned counsel for the applicants has drawn attention of this Court towards Annexure No.11 which is a bail order dated 27.07.2025 passed in favour of co-accused Prashant Singh in Criminal Misc. Bail Application No.792/2025. Therefore, the present applicants may be enlarge on bail on the basis of principles of pairity. The present applicants are having no prior criminal history of any kind whatsoever. Charge-sheet has been filed. He has undertaken on behalf of the present applicants that the applicants shall not misuse the liberty of bail, if so granted by this Court, and they shall cooperate in the trial proceedings properly. 5. 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.UP32AV4295; the present applicants are neither the car owner of the offending car, nor were they driving the said car at the time of accident, rather they were sitting in the car when the alleged incident took place; charge sheet has been filed; the applicants have no prior criminal history of any kind and the undertaking of the applicants that they shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail. 6. Accordingly, the bail application is allowed. 7. Let the applicants- (Akash Gupta & Akash Kashyap @ Akash) be released on bail in the aforesaid case crime number on their furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants 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 them in accordance with law. (v) The applicants shall not leave India without previous permission of the court. Order Date :- 18.2.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench