Allahabad High Court: In a bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for offences under Sections 304, 201 of the Penal Code, 1860 (‘IPC') after rejection of bail application passed by Sessions Judge, Saurabh Shyam Shamshery,J allowed the bail application with certain conditions, including a specific condition that the applicant shall remain at AIIMS hospital or two hours with a placard, having description of “Wear Helmet and Drive Safely” for a period of 15 days. Further, during this period, he shall also distribute 15 helmets.
In the present case, a first information report was lodged by the uncle of deceased against three accused persons including the applicant. It was alleged that three accused persons along with deceased were going on a ride from Delhi to Haridwar on two motorcycles. The applicant was driving motorcycle with deceased, being pillion rider. His motorcycle met with an accident in which the applicant and victim suffered injuries; however, the deceased succumbs to injuries while taking him to hospital and accused persons threw his dead body and ran away.
The applicant submitted that co-accused, who was driving the other motorcycle, has been granted bail by this Court. Further, the accused has been in jail since 01-09-2022.
The Court said that joy ride of four friends converted into a tragic ride, wherein one friend died. The applicant and other co-accused appear to be negligent as they, despite being adult boys, have not discharged their duty to help injured friend to provide proper medication. It is evident that when they found that their friend was dying not only, they left him but also ran away and they did not inform the police or their parents. Further, whether deceased, applicant and co-accused wore helmet at time of accident or not is also not on record.
The Court said that the co-accused has been granted bail, though the reason may not be in terms of judgment in Manoj Kumar Khokhar v. State of Rajasthan, (2022) 3 SCC 501 and Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497. However, still considering the above factors and evidence on record as well as the fact that the applicant is in jail since 01-09-2022, the Court granted him bail on certain conditions.
In addition to above, a specific condition was also imposed on the applicant, that h e shall remain at AIIMS, Delhi, Gate No.1 for two hours with a placard, having description of “Wear Helmet and Drive Safely” for a period of 15 days from 01-05-2023 to 16-05-2023. Further, during this period, he shall also distribute 15 helmets and 25 copies of Notification No. 25035/ 101l2014- RS of Ministry of Road Transport and Highways, regarding protection of Good Samaritans.
The matter will next be taken up on 12-04-2023
[Shakti Singh v State of UP, 2023 SCC OnLine All 132, order dated 12-04-2023]
Advocates who appeared in this case :
Counsel for Applicant: Advocate Bal Mukund Singh, Advocate Prakash Mishra
Counsel for Opposite Party: Government Advocate