Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30701 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri S. S. Shah, learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 519 of 2025, under Sections 105, 110 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kanker Khera, District Meerut.
Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that the applicant was the Driver of the Omni Car, whereby he was carrying the school children and while crossing the road, the alleged Eicher Canter hit the Omni Car and as a result of which many school children sustained grievous injury and consequently one school child namely Arya Sirohi died. He submits that the aforesaid Omni Car is not registered in the name of the applicant. He further submits that there is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. He submits that no specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 01.08.2025. The applicant 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. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not Versus Counsel for Applicant(s) : Syed Shahnawaz Shah Counsel for Opposite Party(s) : G.A. Shahnawaz .....Applicant(s) State of U.P. .....Opposite Party(s)
dispute the above submissions raised by learned counsel for the applicant. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Shahnawaz, 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:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 17, 2025 pks BAIL No. 30701 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad