Neutral Citation No. - 2025:AHC:75861 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13641 of 2025 Applicant :- Shubham Joshi Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 196 of 2024, under Sections 105, 115(2), 110 BNS, Police Station Husainganj, District Fatehpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was the driver of bus No. U.P.81AF 7446 and according to the prosecution when son of the informant was entering in the bus then conductor of the bus i.e. co-accused Sabir pushed him due to which he fell down and in the meantime, bus ran over him and he died. He further submitted that in the incident two persons also sustained injuries. 4. He further submitted that however, entire allegations levelled against the applicant are totally false but even from the statements of the alleged eye witnesses, it reflects that it is a clear cut case of accidental death and from any angle, applicant cannot be held responsible for the death of the deceased. 5. He further submitted that apart from the present case, applicant is having criminal history of two other cases but his criminal antecedents have been explained in the instant bail application and he is in jail in the present matter since 25.3.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant is driver of the bus and due to his rash and negligent driving, one person died and two persons sustained injuries but after considering the statements of the alleged eye witnesses, arguments advanced by learned counsel for the applicant that prima facie, it appears to be a case of accidental death cannot be ruled out, at this stage. 9. Further, however, apart from the present case, applicant is having criminal history of two other cases but both the cases relates to minor offences and criminal antecedents of the applicant have been explained in the instant bail application and he is in jail in the present matter since 25.3.2025. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Shubham Joshi, 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. 13. 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. 14. 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 :- 9.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad