1 2025:CGHC:22213 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3436 of 2025 1 - S. Jaiswant Rao S/o S. Keshav Rao (Wrongly Mentioned As Keshavrao) Aged About 23 Years R/o Tarbahar, District - Bilaspur (Chhattisgarh) ... Applicant versus 1 - State Of Chhattisgarh Through - The Station House Officer, Police Station - Civil Line, District - Bilaspur (Chhattisgarh) ... Non-Applicant For Applicant : Shri Siddhant Tiwari, Advocate For Non-Applicant : Shri Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.5.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection Digitally signed by GOPAL SINGH Date: 2025.05.22 17:14:04 +0530 2 with Crime No. 407/2025, registered at Police Station Civil Line, District Bilaspur (Chhattisgarh) for offences punishable under Sections 106(1), 125(a), 281 and 105 of the BNS. 2. The case of the prosecution, in brief, is that the complainant’s sister namely, Sakun Banjare was working as a maid. On 14.4.2025, when she was going for doing her domestic work, at about 7 a.m., on the way in front of Reliance Digital near Magneto Mall, one car bearing registration No.CG 10 AU 9983 being driven in a rash and negligent manner dashed the sister of the complainant and at that juncture one Anju Tondon also received injury due to the dash by the said car. They were immediately brought to the CIMS Hospital, but Anju Tondon reported to be dead and Sakun Banjare is in serious condition whose treatment is going on in the hospital. On the basis of a report, police registered a case under Sections 106(1), 125(a), 281 of BNS against the applicant bearing FIR No.407/2025 against the applicant which is bailable, but, the police subsequently submitted a report about an offence under Section 105 BNS (304 IPC). 3. It is argued by learned counsel appearing for the applicant that the applicant was going along with his family in his car and on the way two persons collided with his car. Later, out of the two persons, one died. Without there being any material on record, the alleged offence has been registered against the applicant. Charge-sheet has not been filed. Trial is likely to 3 take some time for its conclusion. Therefore, it is prayed that the applicant may be granted regular bail. 4. On the other hand, learned counsel appearing for the State opposes the bail application and submits that the offence registered against the applicant is of serious nature, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegation levelled against the applicant and also considering that he is in jail since 15.4.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the applicant. 7. Let applicant, S. Jaiswant Rao, involved in Crime No. 407/2025, registered at Police Station Civil Line, District Bilaspur (Chhattisgarh) for offences punishable under Sections 106(1), 125(a), 281 and 105 of the BNS, be released on regular bail on furnishing 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 4 treat it as abuse of liberty of bail and pass orders in accordance with law. (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 sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of 5 bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Gopal Singh