Neutral Citation No. - 2025:AHC:89309 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16984 of 2025 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Anwar Hussain,Sunil Kumar Chaudhari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anwar Hussain, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 50 of 2025, under Sections 103(1), 61(2), 238-Ka B.N.S., Police Station Nagina Dehat, District Bijnor during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is husband of the deceased and he himself lodged FIR of the present case with the allegation that his wife i.e. deceased sustained injury due to impact of a running vehicle but during investigation he himself has been made accused in the present matter on the ground that he had conversation with the owner of the vehicle who dashed the deceased. He further submits, merely on this basis it cannot be said that applicant hatched the conspiracy. 4. He further submits, even from the CCTV footage, details of which has been annexed at page-59 of the paper-book, it reflects, deceased sustained injury through a running Ecco van, therefore, prima facie, it appears to be a case of accidental death. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 22.03.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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, applicant is the husband of the deceased but he himself lodged FIR against unknown driver of Ecco vehicle, who dashed his wife due to which she died, however, it reflects, during investigation he has been made accused with the aid of Section 61(2) B.N.S. on the ground that applicant had conversation with the owner of the Ecco Van. This Court finds merit in the argument advanced by learned counsel for the applicant that even if applicant had conversation with the owner of the vehicle by which deceased sustained injury and died then also it cannot be said that applicant involved in the alleged crime. 9. Further, even from the CCTV footage, details of which has been annexed at page-59 of the paper-book, it reflects, due to the impact of running Ecco vehicle deceased sustained injury and died and therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that prima facie it appears to be a case of accidental death. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 22.03.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Ankit 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. 14. 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. 15. 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 :- 26.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad