Neutral Citation No. - 2025:AHC-LKO:24023 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3532 of 2025 Applicant :- Akash Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Gulam Mustafa, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.32 of 2025 under Sections 105, 3(5) of B.N.S. registered at Police Station- Fatehpur Chaurasi, District-Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.02.2025 against three persons, namely, Vikas, Akash (the applicant) and Anoop, stating that the informant runs an Agency of a branded soft drink. Vikas and Akash sell fake cold drink to the co-accused Anoop. The informant had objected against it. When the accused persons were off-loading fake cold drink from a vehicle at about 09:00 AM on 01.02.2025, the informant restrained them. In the dispute that followed, Vikas and Akash pulled the informant towards window of the vehicle and drove off the vehicle. The informant's father Saheblal tried to stop the vehicle whereupon co-accused Anoop asked Akash and Vikas to hit him with the vehicle and they did so causing death of Saheblal. Some persons chased the vehicle whereupon Akash and Vikas, sons of Anoop left the informant about 500 metres away from the spot of the occurrence and ran away with the vehicle. 4. The postmortem examination report mentions several injuries on the dead body and the cause of death has been opined to be shock and hemorrhage due to antemortem injury. 5. Some independent witnesses have stated that when an altercation started between the parties, the applicant asked Vikas to start the vehicle. The informant caught hold of the left window of the vehicle and his father Saheblal caught hold of the driver's side window and both of them kept hanging on the vehicle for quite a distance. After some distance, Saheblal lost grip of the window and fell down and he got crushed under the vehicle. The applicant fell down a little farther. Saheblal was taken to C.H.C. where he was declared dead. 6. Although the informant is said to have fallen down from the vehicle, he has not been medically examined to ascertain any injury suffered by him. 7. A relevant extract of case diary has been annexed with the affidavit wherein it is recorded that a CCTV footage was examined by the Investigating Officer wherein it was seen that the informant was hanging on the left side of the pick-up vehicle and his father Saheblal had fell down from the right side of the vehicle. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 9. Learned A.G.A.-I has vehemently opposed the bail application and he has submitted that the accused persons drove away the vehicle even while two persons were hanging on both the sides of the vehicle. This conduct shows that they knowingly drove away the vehicle while two persons were hanging on its sides and they were fully aware that this action can cause death of the persons hanging on the vehicle. Learned A.G.A.-I has further submitted that the aforesaid allegations make out a case for punishment of the accused persons under Section 105 B.N.S. and they can be awarded life imprisonment. 10. The learned A.G.A.-I further submitted that the applicant was not co-operating with the investigation and a non-bailable warrant has been issued against him whereafter he was taken into custody. 11. After investigation, a charge-sheet has been submitted against two persons, namely, Akash (the applicant) and co- accused Vikas and the allegations levelled against Anoop could not be established during investigation. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the narration of the incident given in the F.I.R. is not supported by the statements of the independent witnesses and by the CCTV footage; that from the statements it appears that after an altercation took place, the applicant and co-accused Vikas tried to leave the place of altercation and the informant and his father themselves caught hold of the moving vehicle and they hanged themselves on the moving vehicle and after sometime, the informant's father fell down and got injured; although the informant is also said to have been dragged along the vehicle for a distance of about 500 metres and thereafter having fallen down from the vehicle, there is no evidence of the informant having suffered any injury in the incident; that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 03.03.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Akash be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 28.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench