Neutral Citation No. - 2025:AHC:60731 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5340 of 2025 Applicant :- Shivam Sharma Alias Kunal Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.Z.Khan,Alok Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri A.Z.Khan, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 606 of 2024, under Section 105 BNS, Police Station- Deoband, District- Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged with regard to death of son and niece of the informant against unknown person but during investigation, applicant has been made accused in the present matter with the allegation that he was driving the vehicle and due to his negligent and rash driving both the children died. 4. He further submitted that actually, it is a case of accidental death and in the night suddenly at the time of driving one cow came in front of the vehicle, therefore, incident occurred and this fact is evident from the statement of one Ritik, who was siting along with the applicant in the car. He further submitted that even from the statements of other witnesses, it could not be reflected that due to negligence of applicant incident occurred. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.11.2024. 6. Per contra, learned AGA opposed the prayer for bail and submitted that due to rash and negligent driving of the applicant two children died but could not dispute the fact that due as per statement of Ritik, who was sitting in the car along with applicant, suddenly at the time of driving a cow came in front of the vehicle due to which incident occurred. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter since 05.11.2024. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, due to rash and negligent driving of the applicant, two children died but considering the statement of witness Ritik, it appears to be a case of accidental death. 9. Further, even after perusal of statements of other witnesses recorded during investigation, at this stage, it cannot be said that it is not a case of accidental death. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 05.11.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Shivam Sharma Alias Kunal 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad