Neutral Citation No. - 2025:AHC:58448 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7873 of 2025 Applicant :- Tasabbar Opposite Party :- State of U.P. Counsel for Applicant :- Dushyant Singh,M.C. Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Dushyant Singh, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Tasabbar, seeking enlargement on bail during trial in connection with Case Crime No. 690 of 2024, under Sections 105, 3(5), 324(4) BNS, registered at Police Station Pilkhuwa, District Hapur. 4. The FIR of the matter was lodged on 27.12.2024 by Bholey Saini against four unknown persons and the driver of Scorpio No. UP14 DH 6528 of white colour with the allegation that on 26.12.2024 at about 06:15 pm his son Rahul went on his motorcycle No. UP37Q 1869 from Shailesh Farm Pilkhua towards Chandi Mandir wherein a white Scorpio in which apart from the driver there were four other persons in an intoxicated condition which was being driven by its driver in speed and negligently and impatiently hit the motorcycle which was dragged for about 300 meters and then two other vehicles standing at pillar No. 91 were also hit which were damaged wherein Rahul and his motorcycle were thrown away and the vehicle turned around from Chandi Mandir Chaupla, Pilkhua towards the shop of Yaadram near pillar No. 97 and the persons inside left it and ran away. Rahul was taken for treatment to the hospital where the doctors declared him dead. 5. In the present matter two persons namely Rahul Saini and Jony Saini received injuries and died. Rahul Saini was found to have received 4 to 5 abrasions wounds over the right hand dorsal aspect, one abrasion over right knee anterior aspect, a lacerated wound over the base of foot, bleeding present from the scalp and brain, left upper 2, 3, 4 ribs fractured, rupture at anterior aspect with bleeding present in thorax cavity, laceration of the spleen, rupture of left kidney and the cause of death was intra cranial haemrrhoge due to antemortem head injury. Jony Saini was found to have received a lacerated wound over right side face, a lacerated wound over right side of upper chest, a lacerated wound over posterior aspect of left upper arm and an abrasion wound over the anterior aspect of right knee, right upper 6 ribs fractured, right lung ruptured and the cause of death was opined as cardiopulmonary arrest due to antemortem head injury. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant has no concern with the present vehicle, para 21 of the affidavit has been placed before the Court. It is submitted that the vehicle is registered in the name of Mohd. Junaid, para 19 of the affidavit has been placed before the Court. It is submitted that the applicant was not arrested on the spot. It is further submitted that the implication of the applicant has surfaced in the matter on the basis of an application given by Mohd. Junaid to the SHO, P.S. Pilkhua District Hapur stating therein that he has sold his vehicle to the applicant on 11.08.2023 but the applicant did not get the vehicle transferred in his name despite he getting the process of NOC for it completed. It is submitted that the same is just to falsely implicate the applicant. It is further submitted that the applicant has no criminal history as stated in para 35 of the affidavit and is in jail since 29.12.2024. 7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the owner of the said vehicle which was sold by Mohd. Junaid on 11.08.2023 but despite the same he did not get transfer done in the registration documents. It is submitted that the vehicle was in possession of the applicant and the applicant was driving the said vehicle. It is submitted that in the present case, two persons have received injuries and have died due to the act of the applicant. It is submitted that the applicant is actively involved in the present matter. It is submitted that there are allegations against the applicant and co-accused being present in the vehicle in an intoxicated condition and thereby not only hitting the deceased persons but also damaged other vehicles on the road. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is stated to be the person who has purchased the said vehicle from its original owner on 11.08.2023 but he did not get the same transferred in his name. The applicant was the person driving the said vehicle at that point of time. Two persons have lost their lives in the matter. There are other vehicles on the road which were also hit and got accidented. No ground is made out to interfere in the matter. I do not find it a fit case for bail. 9. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. Order Date :- 21.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad