1 2025:CGHC:37722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4953 of 2025 Saurabh Kumar @ Tufani S/o Ishwari Singh Aged About 22 Years R/o Village- Samgarh, Post And Tahsil - Kasmar, P.S. Karhsi, District- Paloon, (Jharkhand) ...Applicant versus State Of Chhattisgarh Through - P.S. - Jutmill, Raigarh, District- Raigarh, C.G. ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31.07.2025 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. 93/2025 registered at Police Station : Jutmill, District Raigarh for the offence punishable under Sections 281, 125(A) 105 of BNS & Section 3 of Public Property Act. 2. As per the prosecution case that, on 29-03-2025 a Hero-Super- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:12 +0530 2 Splendor Motor Cycle barring registration no CG-13-UD-8342 riding by Purn Singh Along with his wife Smt. Rambha Urao, was dashed by the offending vehicle barring registration no OD-16-D-0263 from the backside, resulting to the death of Smt. Rambha Urao and one vehicle stopper was also Wreck, and thereby the offence has been committed by the present applicant & the F.I.R. of the same has been registered u/s 281, 125(A), 105 of B.N.S & Sec. 3 of Public Property Act, against applicant. 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 actual story is that when the said trailer was on its way the biker was all of sudden came in front of the offending vehicle from the adjoin road. He further submits that the accident is un-intentional which is a road accident and he is in jail since 31.03.2025, 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 and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, including the nature and gravity of the alleged offence, it appears from the material on record that the incident occurred when the trailer being driven by the applicant was in motion and a motorcyclist is said to have 3 suddenly come in front of the vehicle from an adjoining road, resulting in the accident. There is nothing on record at this stage to suggest that the applicant was driving in a rash or negligent manner beyond the bare allegation in the FIR. It is also relevant to note that the applicant has been in judicial custody since 31.03.2025, and the charge-sheet has already been filed before the competent court, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Saurabh Kumar @ Tufani, involved in Crime No. 93/2025 registered at Police Station : Jutmill, District Raigarh for the offence punishable under Sections 281, 125(A) 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