Neutral Citation No. - 2025:AHC-LKO:44311 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7097 of 2025 Applicant :- Sudama Prasad Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kunwar Ravi Prakash,Neeraj Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. On a query being put to learned A.G.A., he submitted that he has complete instructions in the matter and is ready to argue the case on merits, as such, this Court proceeded to hear the instant application seeking bail on merits. 2. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the material available on record. 3. The present application has been filed on behalf of the applicant seeking bail in FIR/Case Crime No.0126 of 2025, under Section 105 B.N.S., Police Station- Wazirganj, District- Lucknow. 4. It is stated that it is a case of Section 106 B.N.S. (akin to Section 304-A I.P.C.), however, with ulterior motive the police authorities have lodged the FIR under Section 105 B.N.S. (akin to Section 304 I.P.C.) registered as FIR/Case Crime No.0126 of 2025 on 21.05.2025 at P.S. Wazirganj, District Lucknow West (Commissionerate Lucknow). 5. It is further stated that if the prosecution story is taken on its face value then ultimately it would be a case under Section 105 Part-II BNS (akin to Section 304 Part-II I.P.C.) and if the trial court comes to the conclusion that the applicant has committed the offence then the applicant would be entitled to the benefit of the Probation of Offenders Act, 1958. 6. It is further stated that according to the allegations levelled in the FIR as also the statements of the eye-witnesses, namely, Vikki Sonkar, Ankur Sonkar and Ram Saheli, the applicant is E-rickshaw driver and the E-rickshaw of the applicant was collided with the deceased and in the said incident the deceased sustained injuries and he succumbed to his injuries. Thus, the applicant, who is having no criminal history and is in jail since 22.06.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 7. Learned A.G.A. vehemently opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the applicant. 8. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the applicant and learned A.G.A., F.I.R. as also considering the fact that if the prosecution story is taken on its face value then ultimately it would be a case of Section 105 Part-II BNS (akin to Section 304 Part-II I.P.C.) and if the trial court comes to the conclusion that the applicant has committed the offence then the applicant would be entitled to the benefit of the Probation of Offenders Act, 1958, including that the applicant is in jail since 22.06.2025, having no criminal history, as also the chances of conviction of the applicant in the instant case, this Court finds that the present applicant is liable to be allowed. Accordingly, it is allowed. 9. Let the applicant- Sudama Prasad Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 10. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 11. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order. Order Date :- 31.7.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench