HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20732 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the applicant is named in the F.I.R. along with other two other accused. As per version of F.I.R. the allegation against the applicant is that he took the son of informant for taking his daughter-in-law from Aligarh in a four wheeler and at a petrol pump the applicant got stationed his vehicle for filling of gas without informing the son of informant who was sitting inside the vehicle and during the course of filling of gas the applicant lit a cigarette with a matchstick to smoke on account of which the said vehicle caught fire and the applicant fled away without making any effort to let out the son of informant on account of which he sustained as many as eighty percent burn injuries who succumbed to his injuries during treatment. In the postmortem the cause of death was found to be sepsis as a result of antemortem thermal flame burn injuries. Learned counsel further submits that the alleged incident took place in a spur of moment. The informant is not the eye witness of the alleged incident and he has given wrong facts in the F.I.R. regarding happening of incident as two eye witnesses of the alleged incident in their statements have stated that the applicant was filling gas in the vehicle from a gas cylinder while the informant's son was sitting inside and during the course of filling of gas due to short circuiting the vehicle caught fire on account of which the informant's son had sustained burn injuries. Learned counsel further submits that there was no intention or deliberation of the applicant for committing of such offence and the alleged incident happened all of sudden due to his carelessness. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before Versus Counsel for Applicant(s) : Abhilasha Singh, Ashutosh Yadav, Ravindra Singh, Shyam Lal, Vivek Tripathi Counsel for Opposite Party(s) : G.A. Prempal .....Applicant(s) State of U.P. .....Opposite Party(s) the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant has a criminal history of one case under petty offence in which final report has been forwarded by the police. The applicant is in jail since 01.05.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Prempal, be enlarged on bail in Case Crime No. 81 of 2025, under Sections 105, 352, 351(3) of B.N.S., Police Station- Bahjoi, District- Sambhal, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 17, 2025 Mustaqeem. BAIL No. 20732 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad