1 2025:CGHC:39280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4458 of 2025 Vipin Kishor Lakra S/o Late Bandhan Lakra Aged About 34 Years R/o Village Navdih, P.S. Dhaurpur, District Surguja Chhattisgarh ...Applicant versus The State Of Chhattisgarh Through The Police Station - Chando, District Balrampur-Ramanujganj Chhattisgarh. ... Non-applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, 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. 14/2025 registered at Police Station : Chando, District – Balrampur - Ramanujganj for the offence punishable under Sections 281, 125(,) 105 of BNS 2023. 2. As per prosecution story in brief is that, the complainant Hemant Kujur lodged oral complaint stating that, the Rasid Bus bearing number CG VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.07 12:11:02 +0530 2 15 A/7322 was going from village Dharanagar P/s Shankargarh Distt. Balrampur Ramanujganj (C.G.) to village Bargarh Distt. (Jharkhandh) for wedding ceremony by sitting Barati in the said Bus. It is further alleged that, the said bus was driven by present applicant with very rashly and negligently manner. It is also alleged that, the applicant has allowed access Baraties in the said bus due to which the said bus was fall down near Kanthighati Mod due to which the complainant received injuries upon his face, hand and shoulder and his wife namely Mahanti Kujur, Mahesh Bara, and Baneshra Tirki were died in the said bus accident thereafter the First Information Report was lodged against the present applicants for the alleged offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is only driver of the said bus bearing No. CG 15 A/7322 as he was not having any control in the sitting of Baraties n the said bus therefore he has not committed any offence under the alleged offence. He further submits that the applicant has been made accused only on the ground that, he was the driver of the said accidental vehicle and he is in jail since 18.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, it is noted that the applicant is the driver of the bus involved in the present offence. One of the co-accused, namely Zaharuddin Khan (the previous owner of the bus), has already been granted anticipatory bail by this Court vide order dated 11.07.2025 passed in MCRCA No. 1012/2025. Another co-accused, namely Hansu Khakha (the present owner of the bus), has also been granted regular bail by this Court vide order dated 25.07.2025 passed in MCRC No. 4914/2025. Further the charge-sheet has already been filed in this case, and the applicant has been in judicial custody since 18.05.2025 and conclusion of the trial is likely to take some time, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Vipin Kishor Lakra, involved in Crime No. 14/2025 registered at Police Station : Jutmill, District Raigarh for the offence punishable under Sections 281,125(,) 105 of BNS & Section 3 of Public Property Act, be released on bail on his furnishing a personal bond with two local 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 4 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 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