Distribute 15 Helmets Near AIIMS Delhi Holding 'Wear Helmet-Drive Safely' Placard: Allahabad HC To Fatal Road Accident Accused, Grants Bail

The Allahabad High Court recently granted bail to an accused who ran away leaving his injured partner in a dying condition in a road accident, on the condition that he will have to stand near AIIMS Delhi for 2 hours daily (for 15 days) holding a placard saying 'Wear Helmet and Drive and distribute 15 helmets during this duration.

The bench of Justice Saurabh Shyam Shamshery also directed him to distribute 25 copies of the May 2015 notification of the Ministry of Road Transport and Highways regarding the protection of Good Samaritans to the persons who enter AIIMS, Delhi without wearing a helmet.

For the said purpose, he has been asked to report at the Police Station, Hauz Khas, Delhi on 26th April, 2023 at 10.00 am and the SHO of Police Station, Hauz Khas will depute him near AIIMS, Delhi, Gate No.1.

The case in brief

The order was passed while dealing with the bail plea of one Shakti Singh who is facing charges under Sections 304, 201 IPC. As per the allegation against him, he was driving a motorcycle with the deceased, being a pillion rider when the motorcycle met with an accident in which the applicant and deceased suffered injuries, however, the deceased succumbs to injuries while being taken to the hospital, and the applicant-accused threw his dead body and ran away.

The FIR was lodged by the uncle of the deceased against three named accused including the applicant alleging that the three named accused along with the deceased were going on a joy ride from Delhi to Haridwar on two motorcycles when this accident took place.

The Counsel for the accused applicant submitted that the co-accused, who was driving the other motorcycle, has been granted bail by the Court, and in case, the accused-applicant, who is languishing in jail since September 2022, is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

It was also stated that even if the prosecution story is accepted on the face of it, the conviction would not travel beyond 304 Part-II IPC.

On the other hand, the AGA for State submitted that the 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 the applicant has the intention to cause death, therefore, the case would fall under Part-I of Section 304 IPC.

Court's observations and order

Having heard the submission of the counsels, the Court observed that the Applicant and other co-accused appear to be negligent as they, despite being adult boys, did not discharge their duty to help an injured friend in order to provide proper medication.

"It is evident that when they found that their friend is dying not only they left him but ran away also and they did not inform to police or their parents. It is not on record whether deceased, applicant and coaccused wore helmet at time of accident or not."

The Court however found force in the submission of the applicant's counsel that the charges, even if proved in the trial, the 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 actions it was likely to cause death.

Against this backdrop, the Court ordered the accused to be released on bail in the case of furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

Before parting with the matter, the Court directed the AGA to take a report of compliance of above conditions with photographs from Police Station, Hauz Khas, Delhi, and to submit it before the High Court.

Case title - Shakti Singh vs. State of U.P

Case Citation: 2023 LiveLaw (AB) 124

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