13 February 2025 Bail and Antcipatory Bail >> Criminal Law   |   FIR >> Criminal Law   |   Motor Accident >> Family Law  

Ujjawal Sharma, accused in an FIR (No. 0440/2024) under Sections 281/125(A)/106/105 of the Bharatiya Nyaya Sanhita, 2023 for a fatal road accident, has been granted bail by the Delhi High Court. Sharma's initial bail applications were rejected by the trial court. He alleges false implication, claiming that the police arrested him without cause, extorted money from his family, and fabricated evidence against him.

Sharma contends that his car was not involved in the accident and that the damage to his vehicle occurred while in police custody. He also claims that the police initially demanded a bribe of Rs. 5,00,000 and later added Section 105 to the FIR (related to culpable homicide) to pressure his family for more money. He further alleges that the police manipulated the bail process, demanding additional funds even after a bail order was supposedly granted. He also claims that the police forced him to consume alcohol at the police station.

The prosecution's case rests on a PCR call, eyewitness testimony, and CCTV footage allegedly showing Sharma's car fleeing the scene. They also claim that Sharma was intoxicated when apprehended and that his blood alcohol content was high.

The High Court, however, noted that the chargesheet had been filed, Sharma's custodial interrogation was not required, he had no prior criminal record, and there was no likelihood of him tampering with evidence or fleeing. The court granted bail on conditions including a bail bond of Rs. 35,000, court appearances, maintaining a working mobile number, refraining from criminal activity, and notifying authorities of any address change. The court acknowledged the conflicting narratives regarding the accident and Sharma's alleged intoxication, suggesting these matters would be resolved during the trial.

  BHARATIYA NYAYA SANHITA, 2023