Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22025
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3783 of 2025 1 - Deepak Kumar Gavde S/o Shamsay Gavde Aged About 26 Years R/o Village Chaugel, Police Station Bhanupratappur, District Kanker (C.G.)
... applicant versus 1 - State Of Chhattisgarh Through The Station House Office, Police Of Police Station Simga, District Balodabazar-Bhatapara (C.G.)
...non-applicant For applicant : Mr. Sanjay Sindwani, Advocate For non-applicant : Mr. Santosh Soni, Deputy Govt. Advocate
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 13.05.2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 53/2025 registered at Police Station Simga, District - Balodabazar- Bhatapara (C.G.), for the offences punishable under Section 105 & 324 (4) of the Bhartiya Nyay Sanhita (BNS) and Section 185, 3/181 & 5/180 of Motor Vehicle Act. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.14 12:40:03 +0530
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2. According to the prosecution's case, on 26.01.2025, in the afternoon about 12.30 pm, a truck bearing registration No. CG 04 LJ-4330 dashed the car of the complainant and thereafter, the truck driver also dashed a walking man and a motorcycle from behind in which two persons were riding and going ahead. Due to the accident, both the persons were fell down, then the truck driver went forward crushing a woman who was pillion rider and he was dragging the motorcycle rider, thereby the said person will also died. On the basis of the said accident, the complainant registered the FIR bearing Crime No. 53/2025 for the offence punishable under Section 105 of BNS against the applicant/ driver.
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Learned counsel for the applicant submits that the present applicant is innocent person and due to the technical problem of the vehicle, the said accident was occurred. He submits that the present applicant has no criminal antecedents and he is in jail since 27.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail.
4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that according to the FSL report, the applicant has consumed liquor at the time of incident and due to the said accident two persons have died and other two have injured and therefore, looking to the grievousness of the incident, the bail application filed by the applicant may be rejected.
5. I have heard learned counsel for the parties and perused the case diary.
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6. Taking into consideration the facts and circumstances of the case and the fact that at the time of incident the applicant has consumed liquor and driving the truck in rash and negligent manner and also considering that due to the aforesaid accident two persons died and other two persons were injured, I am not inclined to release the applicant on bail.
7. Accordingly, the bail application filed by the applicant is hereby rejected.
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Sd/-
(Ramesh Sinha)
Chief Justice sagrika