Bail Granted to Lakhan Soni in Tragic Road Accident Case Due to Lack of Direct Evidence and Socio-Economic Considerations
In a significant judgment delivered by the Madhya Pradesh High Court at Jabalpur, Justice Sanjeev S Kalgaonkar has granted bail to Lakhan Soni, accused in a case involving allegations of reckless driving leading to the tragic death of five individuals and severe injuries to eleven others. The decision was rendered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, highlighting the absence of direct incriminating evidence against the accused and taking into account his socio-economic background.
The case dates back to an incident involving a white Nissan Magnite, which reportedly ran over laborers at a road construction site near Sigma Kanha Colony, Saliwada. The accused, Lakhan Soni, was implicated based solely on the statement of the co-accused, Deepak Soni, and his own statement to the police, which lacks admissibility in court. Despite the gravity of the allegations, the court noted the casual nature of the investigation and the absence of witness testimony directly implicating Soni as the driver at the time of the incident.
Justice Kalgaonkar emphasized that Soni, who has no prior criminal record and is dependent on his family, presents no risk of evading justice or tampering with evidence. The court acknowledged the socio-economic factors, including his young age and family dependency, which make continued incarceration unnecessary and unjust.
The court has imposed strict bail conditions to ensure compliance and prevent any influence on witnesses or repetition of similar offenses. Soni is required to furnish a personal bond of Rs. 1,00,000 and a surety of the same amount, and adhere to conditions including appearing on all hearing dates and refraining from any unlawful activities.
The trial will proceed to ascertain the veracity of the prosecution's evidence and the accused's complicity. Meanwhile, the bail order stands effective until the trial's conclusion, subject to compliance with its preconditions.
Bottom line:-
Bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving allegations of reckless driving leading to death and injuries, due to lack of direct incriminating evidence against the accused and considering socio-economic factors.
Statutory Provision(s):
Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 281, 125(a), 105, 110 of BNS, 2023; Sections 184, 134, 187/177, 5/180, and 3/181 of the Motor Vehicles Act.
