Neutral Citation No. - 2025:AHC:21838 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 819 of 2025 Applicant :- Mahendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by the State-respondent is taken on record. 2. Heard Shri Saurabh Pandey, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.203 of 2024, under Sections 105, 324(4), 125(B) B.N.S., Police Station Chopan, District Sonbhadra, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 03.10.2024 against applicant, who was driver of trailer No.U.P. 78 G.N. 4318 and according to the FIR, applicant turned his vehicle towards the house of the informant due to which five children sustained injuries out of which three died. 5. Learned counsel for the applicant submits that it is an unfortunate case in which three children died and two sustained injuries due to the accident occurred from the vehicle of the applicant. 6. He further submits that it is pure and simple case of accident and applicant cannot be held liable for offence under Section 105 B.N.S. 7. He further submits that admittedly accident occurred adjacent to the highway and therefore, it appears, suddenly applicant, who was driver of the vehicle, lost control over the vehicle due to which accident occurred. 8. He further submits that applicant is not having any criminal history and he is in jail in the present matter since 04.10.2024 i.e. for last more than four months. 9. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the driver of the trailer and due to his negligent driving five children sustained injuries out of which three died but he could not dispute the fact that incident occurred at highway and at this stage, it cannot be said that it is not a case of accidental death. 10. 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 04.10.2024 i.e. for last more than four months. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. However, as per allegation, applicant was driver of the trailer and from his trailer five children sustained injuries out of which three died but from the record, it could not be reflected that applicant intentionally caused injuries to the children rather from the record, it reflects that it is a case of accidental death specially considering the fact that incident occurred close to highway. 13. Further, law is settled, bail application should not be dismissed for punitive purpose. 14. Further, applicant is not having any criminal history and he is in jail in the present matter since 04.10.2024 i.e. for last more than four months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Mahendra Singh, 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. 18. 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. 19. 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 :- 14.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad