Allahabad High Court
Sanjay Kumar Pal vs State Of U.P. on 4 May, 2016
Author: Abhai Kumar
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7179 of 2016 Applicant :- Sanjay Kumar Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Abhai Kumar, J.
Heard learned counsel for the appellant and learned A.G.A for the State and perused the record.
The bail application of the accused - appellant was dismissed by the Sessions Judge, Gorakhpur in application no. 276 of 2016. As per the prosecution story, the complainant - Aman Kumar Pandey lodged F.I.R at Police Station Khorabar, District Gorakhpur that his younger brother Raman Pandey went at Karjaha along with his son and daughter, where the accused - applicant driving bus rashly and negligently and dashed his nephew. He died on the spot. The bail of the applicant was dismissed on the ground that applicant was real and authorized driver of the alleged bus and it is the duty of applicant not to allow any unauthorized person to drive the bus.
The applicant is not known to the complainant previously, so it can not be said that there was any intention to kill the deceased. The point that he allowed some other unauthorized person may be a ground in motor accident claim case, where the insurance company can take defence.
Learned A.G.A for the State opposes the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail.
Let the applicant- Sanjay Kumar Pal involved in Case Crime No. 803 of 2015, under Sections 279, 304-A, 427, 419, 420, 304 I.P.C, Police Station Khorabar, District Gorakhpur, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 4.5.2016 Vinod.