1 2025:CGHC:39276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4561 of 2025 Deepak Kumar Gupta S/o Kedarnath Gupta Aged About 37 Years R/o Village - Tenganmada, Karawa, P.S. - Kota, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station - Kota, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sudeep Dubey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.08.2025 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. 355/2025 registered at Police Station : Kota, District – Bilaspur Chhattisgarh (C.G.) for the offence punishable under Sections 105 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution's case is that, the applicant Mohd. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.07 12:11:01 +0530 2 Nasiruddin S/o Mohd. Siddiqui, age 45 years resident of village Karava police chowki Belgahna lodged a report that on 16.04.2025 about 16:10 pm, that he has 06 children, the name of the fifth boy is Irfan Ali alias Javed and the name of the sixth boy is Imran Ali alias Janu, the health of both the children was bad for 3-4 days, both had fever for which they were being treated by quack doctor Chitu Gupta at Tenganmada. When the complaint came home on 16.07.2024 at around 10:30 pm. He saw that the health of both the children had deteriorated. He took both the children to Chintu Gupta at village Tenganmada for treatment on 17.07.2024 at around 08:00 am. Chintu Gupta treated both of them and told them that the health of both the children was deteriorating and he was unable to treat them. He asked him to take them to a Higher hospital. He first brought the younger boy Imran Ali alias Janu home on a motorcycle and then brought the elder boy Irfan Ali alias Javed home. By then, the younger boy had died. When the health of the elder boy started deteriorating, he took him to the primary health centre of Teganmada from where the boy was referred to Kota hospital. The doctor of Kota hospital checked him and told that he had also died and a death report was issued. That on the said allegation the FIR has been lodged against the applicant for alleged offence under section 105 of Bharatiya Nyaya Sanhita, 2023. 3. The applicant is a young individual with no criminal antecedents and has been falsely implicated in the present case. He has not committed any offence punishable with death or life imprisonment 3 and has been arrested solely based on the complainant’s statement. The charge-sheet has already been filed on 18.05.2025. The applicant, a qualified pharmacist, has not provided any treatment to the deceased, Imran Ali. Records from the OPD Register of Primary Health Center, Tenganmada, obtained through RTI, clearly show that the deceased was receiving treatment there from 15.07.2024 to 17.07.2024, and the complainant only sought general advice from the applicant, who is educated and has prior experience working in a private hospital. The complainant, despite being advised to take his son to a higher medical facility, failed to do so due to personal reasons. The Police have not disputed the applicant's pharmacist degree in the charge sheet. Even assuming the prosecution's case to be true, no offence under Section 105 of the Bharatiya Nyaya Sanhita, 2023 is made out. The applicant has been in custody since 16.04.2025, and his prolonged detention along with hardened criminals may adversely affect his future and rehabilitation. Detaining him further would cause undue hardship, hinder his education and career, and violate his right to a speedy trial. Considering that bail is the rule and jail is the exception, and in view of the delay likely in concluding the trial, the applicant deserves to be released on bail, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of offence, and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 16.04.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Deepak Kumar Gupta, involved in Crime No. 355/2025 registered at Police Station : Kota, District – Bilaspur Chhattisgarh (C.G.) for the offence punishable under Sections 105 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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. (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 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 5 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 bail and proceed against him in accordance with law. 8. 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