Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23709 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Sri Rakesh Kumar Pandey, learned counsel for the applicant, Sri V.D. Ojha, learned A.G.A. for the State and perused the material on record. 3. This is the second bail application under Section 483 of B.N.S.S. filed by the applicant Azaruddin, seeking enlargement on bail during trial in connection with Case Crime No. 463 of 2024, under Sections 105, 281, 106(1), 125(a), 125(b), 324(4) of B.N.S., registered at P.S. Talbahet, District Lalitpur. 4. The first bail application of the applicant being Criminal Misc. Bail Application No. 9972 of 2025 was dismissed by this Court vide order dated 5.5.2025. 5. The F.I.R. of the present matter was lodged on 16.12.2024 by Ramswaroop against the driver of a Container No.NL01A8928 alleging therein that on 15.12.2024 a Taxi bearing No.UP90 DT 2760 which was being driven by Narayan Ahirwar had taken passengers and was on a National Highway-44, Sagar, Jhansi near kasba- Talbehat was stationed where passengers were alighting at about 16:45 hours where the said container was being driven by unknown driver negligently and was being swayed on the road due to which it hit the taxi from behind as a result of which three persons lost their lives and 19 persons received serious injuries. Subsequently the applicant was arrested in the present matter. Versus Counsel for Applicant(s) : Rakesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Azaruddin .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Learned counsel for the applicant argued that the applicant is driver of the said vehicle and is holder of regular driving license. It is submitted that since the applicant was holding a driving license and is a skilled and experienced driver, has never caused any such accident and has always driven the vehicle cautiously and with care. It is submitted the present case is a case of accident. The applicant has no criminal history as stated in para-24 and is in jail since 17.12.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that the applicant drove the vehicle very negligently as a result of which three persons lost their lives and 19 persons received serious injuries and his complicity during investigation has surfaced. It is prayed that the prayer for bail be rejected. 8.
After having heard learned counsels for the parties and perusing the record, it is evident that this is second bail application. The first bail application of the applicant was dismissed by this Court. The applicant was the driver of container which was being driven negligently and was being swayed on the highway. The same thus hit the taxi and other persons standing on the road due to the same, three persons lost their lives and 19 persons received injuries. 9. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail at this stage. 10. The bail application is, accordingly, rejected. September 18, 2025 Naresh BAIL No. 23709 of 2025 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad