1 2025:CGHC:10867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1792 of 2025 Gulam Gous @ Bhola S/o Mohd. Jarif Aged About 18 Years R/o Years Occu- Labour, R/o Village Baheradih P.S And Tehsil Lundra District Surguja (C.G) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Lundra District Surguja (C.G) ... Non-Applicant(s) For Applicant(s) : Mr. Nishi Kant Sinha, Advocate. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 07/2025 registered at Police Station Lundra District Surguja (C.G.) for the offence punishable under Sections 105 of BNS and Section 3/180, 146/106 of M.V. Act. 2. Case of the prosecution, in brief, is that on 01.01.2025, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 applicant and several others went on a picnic to the Gagar River Dam. While returning, the applicant, who was driving a Pickup vehicle with the registration number CG 15/D-3518, allegedly drove rashly and negligently, hitting the deceased, Alam Sai, who later succumbed to his injuries. This incident led to the offense in question. Hence the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant had no intention of causing the deceased's death, and according to the prosecution, the deceased was unknown to the applicant. He also submits that the offense does not constitute culpable homicide; instead, it falls under the category of death caused by a rash and negligent act. Consequently, the applicant has been incorrectly charged under Section 105 of the B.N.S., whereas the offense should be charged under Section 106 of the B.N.S. He later submits that the applicant is approximately 18 years old and is being held in jail since 08.01.2025 with hardened criminals, which may jeopardize their future prospects. Given that the trial is likely to be prolonged, and the charge-sheet has only recently been filed, it is unjust to keep the applicant incarcerated. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that while returning from picnic, applicant drove his vehicle Pickup bearing registration No.CG 15/D- 3 3518 in rash and negligent manner, which resulting into death of deceased Alam Sai, who succumbed to his injuries, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 05.09.2023, the fact that though the applicant is alleged to have drove his vehicle Pickup bearing registration No.CG 15/D- 3518 in rash and negligent manner while returning from picnic, which resulting into death of deceased Alam Sai, who succumbed to his injuries, but applicant is aged about 18 years and he has no criminal antecedents and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Gulam Gous @ Bhola, involved in Crime No. 07/2025 registered at Police Station Lundra District Surguja (C.G.) for the offence punishable under Sections 105 of BNS and Section 3/180, 146/106 of M.V. Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil