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2025 DAILYLAW 88516 (ALL)

ANUJ UPADHYAY v. STATE OF U.P.

BAIL/30502/2025 · 2025-09-11

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30502 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Sudhir Kumar Singh, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused- applicant, Anuj Upadhyay, seeking enlargement on bail in Case Crime No. 142 of 2025, under Sections 324 (5), 105 BNS, Police Station Narhi, District Ballia. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 16.06.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. The allegation made in the FIR is that driver of Truck No. MH 40 CM 2194 was deliberately driving the truck fast and recklessly as a result of which, he hit the son of the complainant resulting in his death. It is also alleged in the FIR that on account of reckless driving the driver has caused one more accident resulting in the death of one Gulshan. 5. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has surfaced during investigation. It is a case of accidental death. In fact, the son of the complainant namely Munna Gond was deliberately driving his motorcycle fast and recklessly without wearing a Helmet and when he tried to overtake the truck, he reached near between two tyres of the truck due to which his motorcycle slipped and he came under the wheels of the truck and died. It is next submitted that the applicant has no motive to cause the death of the deceased and no case is made out against the applicant. The ante-mortem injuries of the injured do not support the prosecution version and there is no evidence against the applicant to connect him with the present crime and the allegations made against the applicant is wholly vague, false and frivolous. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : Sudhir Kumar Singh Counsel for Opposite Party(s) : G.A. Anuj Upadhyay .....Applicant(s) State of U.P. .....Opposite Party(s) aforesaid facts. 7. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Anuj Upadhyay involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 12, 2025 v.k.updh. BAIL No. 30502 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad