Stand With Placard Saying ‘Wear Helmet & Drive Safely’ Outside AIIMS Delhi: Allahabad HC Bail Condition On Rash Driving Accused

The Allahabad High Court has recently granted bail to a man convicted of rash driving and culpable homicide on the condition that he be deputed for two hours outside AIIMS in Delhi with a placard saying ‘Wear Helmet and Drive Safely’ for fifteen days.

Justice Saurabh Shyam Shamshery further ordered the accused to distribute 15 helmets and 25 copies of a Central government notification regarding the protection of good samaritans to anyone entering AIIMS without a helmet.

“The SHO of Police Station, Hauz Khas will depute the applicant near AIIMS, Delhi, Gate No.1 (Aurobindo Marg) with a placard stating ‘Wear Helmet and Drive Safely’ and he will 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 time, he must also distribute 15 helmets and 25 copies of Notification No. 25035/101/2014-RS of the Ministry of Road Transport and Highways, dated 12.05.2015, addressing the protection of Good Samaritans to anyone who enters AIIMS, Delhi without wearing a helmet,” the judge ordered.

The ruling was passed while hearing the bail application of Shakti Singh, who is charged under Sections 304 and 201 of the Indian Penal Code (IPC).

According to the allegations against him, he was driving a motorcycle with the deceased as a pillion rider when the motorcycle met with an accident in which both the applicant and the deceased were injured; 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 registered 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 court took notice of this fact and observed that when the accused discovered their friend was dying, they abandoned him and did not notify the police or their parents.

“In this case, a joy journey between four friends turned tragedy, with one friend dying. Applicant and other co-accused appear to be negligent since, although being adult boys, they failed to discharge their obligation to assist injured friend in order to offer necessary medication,” the Court stated.

The judge further noted that whether or not the accused and deceased were wearing helmets was not part of the evidence presented before him.

However, Justice Shamshery found weight in the claim that proof of intent to cause death was not backed by cogent evidence.

The accused applicant’s counsel stated that the co-accused, who was driving the other motorbike, was granted bail by the Court, and that if the accused-applicant, who has been imprisoned since September 2022, is released on bail, he will not abuse his liberty and will cooperate in the trial.

As a result, bail was granted, with the specified restriction set.

The government’s counsel was ordered to get a report of compliance from the police station, complete with photographs, and submit it before the High Court.

The matter is listed for further consideration on May 23. 2023.