Neutral Citation No. - 2025:AHC-LKO:37226 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5833 of 2025 Applicant :- Varsha Singh @ V. P. Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Tribhuvan Narain Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Tribhuvan Narain Singh, learned counsel for the applicant and Sri Nikhil Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 06.03.2025 in Case Crime No.77 of 2025, under Sections 105 & 238 B.N.S., Police Station – Harpalpur, District – Hardoi. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the allegation has been levelled against unknown person but during investigation, culpability of the present applicant has been found, therefore, charge sheet has been filed against him. As per allegation of the FIR and the charge sheet, the present applicant, who was a Driver of JCB, was assigned the job to fill the soil in the pits after raising pillars of the police station concerned and the son of the informant might have fallen down in the pit and the present applicant could not see this fact and such incident took place in the back of the JCB machine; recital to this effect has been given in para-15 of the bail application. Learned counsel for the applicant has stated that the incident is a serious where six years' boy has died but it was a sheer unintentional accident though the applicant should be more careful. Since charge sheet has been filed, therefore, there is no apprehension of tampering the evidence or influencing the witnesses. 4. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the FIR has been lodged against unknown person but during investigation, culpability of the present applicant has been found, therefore, charge sheet has been filed against him; the present applicant, who was a Driver of JCB, was assigned the job to fill the soil in the pits after raising pillars of the police station concerned and the son of the informant might have fallen down in the pit and the present applicant could not see this fact and such incident took place in the back of the JCB machine; prima facie, it appears that it was a sheer unintentional accident; since charge sheet has been filed, therefore, there is no apprehension of tampering the evidence or influencing the witnesses; the applicant is having no prior criminal history of any kind whatsoever and 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 applicant- Varsha Singh alias V.P. Yadav 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 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 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 208 of the B.N.S., 2023. (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 351 of the B.N.S.S., 2023. 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 :- 2.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench