Neutral Citation No. - 2025:AHC:48861 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10958 of 2025 Applicant :- Hamza Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Arshad Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohammad Arshad Khan, learned counsel for the applicant and Sri Santosh Pandey, learned brief holder for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.151 of 2024, under Sections 103(1), 3, 351(2) BNS, Police Station Hafizpur, District Hapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that as per allegation, applicant was driving a car and he intentionally ran over his vehicle upon the deceased and the incident has also been witnessed by two eye witnesses, namely, Dharmendra Kumar and Shekher Tyagi but their statements recorded during investigation do not appear to the convencing. 4. He next submits that it is a case of accidental death and when applicant was driving his vehicle then unfortunately accidentally deceased sustained injuries from the vehicle of the applicant and died. 5. He further submits that at this stage it cannot be said that intentionally applicant ran over his vehicle upon the deceased. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 24.10.2024 i.e. for last more than five months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that from the statements of two eye witnesses, namely, Dharmendra Kumar and Shekher Tyagi, it is apparent that applicant intentionally crushed the deceased from his vehicle, therefore, he dos not deserve bail. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, as per two eye witnesses, applicant intentionally ran over his vehicle over the deceased but prima-facie statements of both these witnesses do not appear to be convencing. 10. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that at this stage it cannot be said that applicant intentionally crushed the deceased from his vehicle. This Court also finds merit in the argument advanced by learned counsel for the applicant that at this stage, it cannot be said that it is not a case of accidental death. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 24.10.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Hamza Qureshi, 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. 15. 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. 16. 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 :- 5.4.2025 I.A.Siddiqui Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad