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2025 DAILYLAW 179385 (ALL)

MOHD. FIROZ v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/10195/2025 · 2025-11-06

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10195 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Kapil Kumar Yadav and Sri Himadri Goswami, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.220 of 2024, under Sections 279, 337, 338, 304, 427 IPC and Section 3/181 of MV Act, Police Station Gosaiganj, District Lucknow. 3. In terms of the FIR, it was alleged that the applicant was driving the vehicle irresponsibly which hit the motorcycle, because of which, the husband of the informant sustained severe injury and died. Initially, the FIR was lodged under Section 304A IPC and the charge-sheet was also filed under Section 304-A IPC. Subsequently, on the statement of one of the witnesses, the same was filed under Section 304 IPC. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statement of the informant and the allegations of the FIR, prima facie, a case for bail is made out and the fact that the applicant has no criminal antecedents and is languishing in jail since 03.06.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Mohd. Firoz be released on bail in the abovesaid first Versus Counsel for Applicant(s) : Sajjad Husain, Himadri Goswami, Kapil Kumar Yadav Counsel for Opposite Party(s) : G.A. Mohd. Firoz .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 6, 2025 akverma BAIL No. 10195 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench