SANTOSH ALIAS SANTOSH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
BAIL/3865/2025 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138445 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138445 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26192 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3865 of 2025 Applicant :- Santosh Alias Santosh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dhirendra Pratap Singh,Shivam Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant, Sri Anant Pratap Singh, learned Additional Government Advocate 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.092 of 2025, under Sections 106(1), 281, 125(b) and 105 B.N.S., registered at Police Station Lalganj, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.03.2025 stating that a truck, which was being driven negligently, had hit a tempo causing death of five persons sitting in the tempo. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. It has been stated that the applicant has been holding a license to drive heavy motor-vehicles since the year 2014 and no incident has taken place during this period. It has been further stated that the applicant's driving license is valid till the year 2026. 6. The learned Additional Government Advocate has opposed the bail application and he has submitted that five innocent persons have lost their lives due to negligence of the applicant
and, therefore, the applicant should not be released on bail. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even in the FIR it is stated that the five persons have lost their lives in an accident and there is no allegation that the tempo was hit deliberately; that the applicant holds a valid license to drive the vehicle in question; that although the applicant has been driving the vehicle for more than a decade, he has not met with an accident earlier; that the applicant has no previous criminal history and he is languishing in jail since 04.03.2025, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Santosh Alias Santosh 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 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, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi, J.] Order Date :- 6.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench