Allahabad HC Directs Accused To Hold Placard ‘Wear Helmet & Drive Safely’ For 2 Hrs At AIIMS Gate For 15 Days
|The Allahabad High Court in a rash and negligent motorcycle riding case has directed the accused to have a placard having description of ‘Wear Helmet and Drive Safely’ at the AIIMS, Delhi Gate No. 1 (Aurobindo Marg) for two hours in the morning for a period of fifteen days.
A Single Bench of Justice Saurabh Shyam Shamshery said, “… 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 No. 25035/101/2014-RS 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 Bench further directed the counsel for the State to take a report of compliance of the imposed conditions on the accused with photographs from the Police Station and submit it before the Court.
Advocate Bal Mukund Singh appeared for the applicant/accused while AGAs Paritosh Malviya and Vimal Pandey appeared for the State.
In this case, the applicant i.e., the accused approached the Court under Section 439 Cr.P.C. in connection to the offence under Sections 304, and 201 of the I.P.C. after the rejection of his bail application by the Sessions Judge. An F.I.R. was lodged by an uncle of the deceased against three accused including the applicant.
It was alleged that the three accused along with the deceased were going on a joy ride from Delhi to Haridwar on two motorcycles and the applicant was driving a motorcycle with the deceased, being a pillion rider. The applicant's motorcycle met with an accident in which the applicant and victim suffered injuries, however, the deceased succumbed to injuries while taken to the hospital and the accused threw his dead body and ran away.
The High Court after hearing the contentions of the counsel noted, “In the present case, joy ride of four friends converted into a tragic ride, wherein one friend died. Applicant and other co-accused appears 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 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 co-accused wore helmet at time of accident or not.”
The Court further asserted that however, there is merit in the argument of the counsel for the applicant that the facts, 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.
“Let the 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”, observed the Court.
Accordingly, the Court allowed the bail application and issued necessary directions.
Cause Title- Shakti Singh v. State of U.P.