Neutral Citation No. - 2025:AHC:25143 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3441 of 2025 Applicant :- Pawan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Kapil Tiwari, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 357 of 2024, under Sections 105, 324(4) BNS, Police Station- Kotwali Sambhal, District- Sambhal, during pendency of the trial in the court below. 4. FIR of the present case was lodged against driver of Bolero vehicle no. U.P. 38 U 4392 and according to FIR, driver of vehicle no. U.P. 38 U 4392 was driving his vehicle rashly and negligently and he hit the motorcycle of father of the informant due to which he died. 5. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 6. He further submitted that however, an accident was occurred by the applicant while he was driving the alleged Bolero vehicle but he was neither driving the vehicle rashly nor negligently and actually all of sudden, he lost the control over the vehicle and his vehicle hit the motorcycle of the deceased and unfortunately he died. He further submitted that even from the record, it could not be reflected that applicant was having any intention to cause death of the deceased. 7. He further submitted that it is a case of accidental death and present case does not travel beyond Section 106 BNS. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 31.12.2024. 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant was driving his vehicle rashly and negligently and due to his conduct, father of the informant sustained injuries and died but even from perusal of entire material available on record, at this stage, it cannot be said that it is not a case of accidental death and considering this fact, the argument advanced by learned counsel for the applicant that present case does not travel beyond Section 106 BNS, cannot be completely ruled out. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 31.12.2024. 13. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Pawan Kumar 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. 17. 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. 18. 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 :- 20.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad