1 2025:CGHC:37721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4954 of 2025 Parmeshwar Kurre S/o Shri Latel Kurre Aged About 45 Years R/o Village Gaboud P.S. And Tahsil Palari District - Balodabazar - Bhatapara, (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Palari, Civil And Revenue District - Balodabazar - Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Anuj Kumar Pandey, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. 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 applicants who have been arrested in connection with Crime No. 143/2025 registered at Police Station- Palari, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 281, 125(A), 105 of BNS and Section 184 of Motor Vehicle Act. 2. As per prosecution story in short is that on 29.04.2025 at 10.50 Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:13 +0530 2 Station Palari has received information that at village Kusmi Girra accident was happened on then Police party reached at the place where incident was main road happen there they found two injured people an after that they were refer to hospital on a Private vehicle then accused on his cruiser force vehicle bearing registration Number CG22U0958 driving rashly dash people who were standing there by which victim Sonu Chauhan was hit by the vehicle then he fell the on the bonnet of the said vehicle but the didn't stop his vehicle after some time he stop his vehicle and he ran away then the person who was over the bonnet of the vehicle was died due to the rash and negligent driving of the present. 3. The applicant has been falsely implicated in the present case by the parents of the deceased, despite not having committed any offence as alleged. The incident in question was a road accident and not an intentional act. There was no motive or intent to cause harm or death; rather, it appears to be a case of negligence or rash driving. As such, the alleged act may fall under Section 106 of the BNS (a bailable offence) instead of Section 105 IPC, given the absence of intention. The identity of the vehicle and the driver involved in the incident is also disputed, and there is no conclusive evidence linking the applicant to the alleged offence. The applicant has no previous criminal antecedents and is a first-time offender with strong roots in society. The act was the result of a momentary lapse, and the applicant’s departure from the scene was out of fear, not malice. He is willing to fully cooperate with the investigation. The applicant is a permanent resident of the address mentioned in the cause title and poses no risk of absconding or tampering with prosecution witnesses. 3 He undertakes to comply with all conditions that may be imposed by this Hon'ble Court while granting bail, therefore, he prays for grant of regular bail to the applicant. 4. The learned counsel for the State/non-applicant opposes the bail application. 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 the material available in the case diary, it appears that on 29.04.2025 at around 10:15 AM, information was received at Palari Police Station regarding an accident that had occurred on the main road between Village Kusmi and Girra and when the police officers and personnel reached the spot, they found two persons lying injured and began making arrangements to take them for medical treatment, at that time, a mini-truck and a pick-up vehicle arrived at the scene and stopped. While efforts were being made to board the injured into the said vehicles, with the side light indicator turned on and the vehicles parked on the roadside, the applicant, allegedly driving a Cruiser Force vehicle bearing registration number CG 22 U 0958 at high speed and in a negligent manner, struck the people standing there and drove ahead, as a result, one of the injured, Sonu Chauhan, fell onto the bonnet of the said vehicle, however, the accused did not stop the vehicle despite people shouting at him and he stopped the vehicle only after going some distance and then fled from the scene and subsequently, the person who had fallen on the bonnet of the vehicle succumbed to his injuries, therefore, I am not inclined to grant 4 regular bail to the present applicant. 7. Accordingly, the bail application of the applicant – Parmeshwar Kurre involved in Crime No. 143/2025 registered at Police Station- Palari, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 281, 125(A), 105 of BNS and Section 184 of Motor Vehicle Act, is rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav