The Allahabad High Court has granted conditional bail to Shakti Singh, who ran away leaving his injured companion in the accident.
A single-judge bench of Justice Saurabh Shyam Shamshery passed this order while hearing a Criminal Misc Bail Application filed by Shakti Singh.
The applicant, Shakti Singh, has approached the Court by way of filing the Criminal Misc Bail Application under Section 439 Cr.P.C in Case under Sections 304, 201 I.P.C, Police Station Purkaji, District Muzaffarnagar after rejection of his Bail Application vide order dated 06.12.2022 passed by Sessions Judge, Muzaffarnagar.
In the case, an FIR was lodged by the uncle of the deceased against three named accused, including the applicant. It was alleged the three accused along with the deceased were on a joy ride from Delhi to Haridwar on two motorcycles. The applicant was driving a motorcycle with the deceased on pillion. The applicant’s motorcycle met with an accident in which applicant and victim suffered injuries, however, the deceased succumbed to injuries while being taken to a hospital and the accused threw his dead body and ran away.
The counsel for the applicant submitted that initially FIR was lodged under Sections 279, 304-A, 337 and 201 IPC. They were granted bail for the said offences as all the offences were bailable.
The counsel further submitted that after investigation the charge-sheet has been filed under Sections 304 and 201 IPC. Meanwhile, during the investigation, the applicant was arrested on 01.09.2022.
The counsel also submitted that the co-accused, who was driving the other motorcycle, has been granted bail by the Court. The counsel further submitted that the applicant is languishing in jail since 01.09.2022 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. The counsel for the applicant said that even if prosecution story is accepted on the face of it, conviction would not travel beyond 304 Part-II IPC.
The AGA for the State submitted that applicant and co-accused were not able to provide medical assistance to the deceased and they have thrown his dead body, therefore, it is a case where applicant had intention to cause death, therefore, the case would fall under Part-I of Section 304 IPC.
The Court said, in this case, the joy ride of four friends converted into a tragic ride, wherein one friend died. Applicant and other co-accused appear to be negligent as they, despite being adult boys, have not discharged their duty to help injured friend in order to provide proper medication. It is evident that when they found that their friend was dying, not only did they leave him but also ran away and they did not inform the police or their parents. It is not on record whether the deceased, applicant and co accused wore a helmet at time of accident or not. However, there is a merit in the argument of the counsel for applicant that above narrated facts, if are proved in trial, applicant and co-accused may be convicted only under Section 304 Part-II as prima facie evidence in regard to ‘intention to cause death’ is not supported prima facie by cogent evidence whereas it may be a case where they have knowledge that by their act it was likely to cause death.
“The co-accused has been granted bail, though the reason may not be in terms of judgment passed by Supreme Court in Manoj Kumar Khokhar vs State of Rajasthan and Anr (2022) 3 SCC 501 and Brijmani Devi vs Pappu Kumar, (2022) 4 SCC 497, however, still considering the above factors and evidence on record as well as that applicant is in jail since 01.09.2022, a case of bail is made out,” the Court observed while allowing the bail application.
The Court ordered let applicant Shakti Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC, may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A IPC.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.
(v) In addition to above, a specific condition is also imposed that applicant shall report at the Police Station, Hauz Khas, Delhi after released on bail on 26th April, 2023 at 10.00 a.m and SHO of Police Station, Hauz Khas will depute the applicant near AIIMS, Delhi, Gate No.1 (Aurobindo Marg) and he will have a placard, having description of ‘Wear Helmet and Drive Safely’ and he shall remain at the Gate for two hours i.e from 9.00 a.m to 11.00 a.m for a period of 15 days from 01.05.2023 to 16.05.2023 (except Sundays).
During this period, he shall also distribute 15 helmets and 25 copies of Notification of Ministry of Road Transport and Highways, dated 12.05.2015 regarding protection of Good Samaritans to the persons who enter AIIMS, Delhi without wearing a helmet.
The AGA is directed to take a report of compliance of above conditions with photographs from Police Station, Hauz Khas, Delhi and will submit it before the Court. This case will be listed before this Court after one month only for the purpose of perusal of the above referred report.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The Court has fixed the next hearing of the petition on May 23, 2023.