1 2025:CGHC:28293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3736 of 2025 1 - Santkumar S/o Ramsingh Aged About 21 Years R/o Village Sattipara, Police Station And Tahsil Baikunthpur, District Koriya (C.G.) 2 - Ayush Kumar S/o Ramautar Aged About 23 Years R/o Village Sattipara, Police Station And Tahsil Baikunthpur, District Koriya (C.G.) ...Applicants versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Baikunthpur, District Koriya (C.G.) ... Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 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 applicants who have been arrested in connection with Crime No. 143/25 registered at Police Station- Baikunthpur, District – Koriya (C.G.), for the offence punishable under Sections 105 read with Section VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:12 +0530 2 3(5) of B.N.S. and Section 8/180 and 3/181 of Motor Vehicle Act (as per remand). 2. As per brief fact of the prosecution case is that, a report was lodged by complainant Sunil Kumar Vishwakarma alleging in it that on 17-04- 2025 at about 7.10 AM in the morning, his niece aged about 08 years was standing nearby the quarter of Anurag Bhagat and at that time, the applicant No.2 driven the Scorpio Vehicle in a rash and negligent manner and dashed the niece of complainant namely Himanshi Vishwakarma. It is alleged against the applicant No.1 is that he permitted Ayush Paikara to drive the Scorpio, on account of which the accident occurred and Himanshi Vishwakarma died on account of the said accident. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case. He submits that Applicant No. 2 is accused of rash and negligent driving that resulted in the death of Himanshi Vishwakarma, but it is not alleged that he intentionally caused the accident. Therefore, the case does not fall under Section 105 of BNS (punishment for culpable homicide not amounting to murder), but rather under Section 106 (causing death by negligence). Applicant No. 1 was not driving and merely allowed applicant No. 2 to drive, so he is not directly involved in the offense. Both applicants have been in jail since April 2025, and the trial is expected to take considerable time. Given their detention period and the facts of the case, therefore, heprays for grant of regular bail to the applicant. 4. The learned counsel for the State/non-applicant opposes the bail application. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the gravity of the offence, and further considering that at the time of the incident applicant No. 2 did not have a valid and effective driving license, and knowing this, applicant No. 1 permitted applicant No. 2 to drive the vehicle, therefore, I am not inclined to grant regular bail to the present applicants. 7. Accordingly, the bail application of the applicants – Santkumar & Ayush Kumar involved in Crime No. 143/25 registered at Police Station- Baikunthpur, District – Koriya (C.G.), for the offence punishable under Sections 105 read with Section 3(5) of B.N.S. and Section 8/180 and 3/181 of Motor Vehicle Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav