Neutral Citation No. - 2025:AHC:108937 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34903 of 2023 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori,Imran Mabood Khan,Mukesh Joshi,Ramesh Chandra Yadav,Vipin Chandra Pandey Counsel for Opposite Party :- G.A.,Vijay Tripathi Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant to press this application. 2. Heard Sri Salman Ahmad, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 76 of 2023, under Sections 304, 338, 337, 279 of IPC, Police Station - Dauki, District - Agra, during the pendency of trial. 4. As per prosecution story, several students of Spring Fields Inter College were waiting for their bus when the applicant, allegedly driving his car in a rash and negligent manner, struck them, resulting in the deaths of three students and causing grievous injuries to three others. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. Initially, the FIR was instituted u/s 302 & 307 of IPC but subsequently the case has been transformed to that of Section 304 of IPC i.e. he is wanted for culpable homicide not amounting to murder. It is a case of rash and negligent driving and may fall u/s 304-A of IPC. 6. Learned counsel has relied upon the facts mentioned at Serial No. 21 of the technical examination report of the vehicle in question and has stated that the rear tyre of left side of the vehicle was found damaged which means that the rear tyre of the car got deflated or got burst somehow, as such, the applicant lost control of the stearing wheel and met with the accident. The said technical examination report of the vehicle has been filed as Annexure No. 3 to the supplementary affidavit filed today in court. 7. Learned counsel has further relied on the claim petition, MAC No. 463 of 2023, filed by the legal dependents of the deceased child, Arvind, son of Rupesh Kumar, which is still pending before the Motor Accident Claims Tribunal (MACT), Agra. The filing of this petition implies that the incident is attributed to rash and negligent driving. The offence under Section 304-A of the IPC is bailable and carries a punishment of up to two years of rigorous imprisonment. 8. Learned counsel has next contended that the applicant had no motive to commit the said offence. He is languishing in jail since 11.05.2023, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 9. Per contra, learned AGA has vehemently opposed the bail application on the ground that two empty beer bottles were recovered from the dicky of the vehicle which implies that the applicant was not in normal condition to run the said vehicle, as such, he is not entitled for bail. However, he could not dispute the fact that the applicant has no criminal history. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the technical report of the vehicle coupled by the fact that the motor accident claim petition has been filed by the parents of one of the deceased child, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Akash, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 9.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad