1 2025:CGHC:36111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4914 of 2025 Hasnu Khakha S/o Late Ghasiram Aged About 48 Years R/o Village - Deori, P.S. Dhaurpur, District Surguja Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chando, District – Balrampour-Ramanujganj, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 14/2025, registered at Police Station – Chando, District – Balrampour- Ramanujganj (C.G.) for the offence punishable under Sections 281, 125(a), 105 and 125(b) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 39/192, 56/192, 190(2-B), 184, 180, 146/196, 119/177, 66/192 of Motor Vehicles Act. 2. The case of the prosecution, is that when the complainant Hemant Kujur RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 lodged an oral complaint in the police station Balrampur, it was registered at zero and the Crime Number was registered in the Police Station, the complainant had complained that the driver of the bus Rasid Bus of number CG-15-A-7322, received from village Dharanagar, was taking a wedding procession to Bargarh, Jharkhand by seating more guests than required in the bus, the bus reached the newly constructed Kanthighat Police Station Chando via the Chando main road, when the driver of the bus, knowing the dilapidated condition of the bus and seating more people than required in the bus and knowing the dangerous Kanthighat road from Samari to Chando, driven the bus fast and carelessly full of passengers and met the bus accident. After the incident, the vehicle fell down from the ghat at Kathighat mod, due to which the complainant suffered internal injuries in his face, arm and shoulder, and his wife Mahanti Kujur and others Mahesh Bada and Banesara Tirki, a total of 03 people died due to injuries caused by the bus accident, and about 45 other baraatis who had come from outside were injured. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. The co- accused person has been granted anticipatory bail by this Court vide order dated 11.07.2025 passed in MCRCA No. 1012/2025. The applicant is in jail since 27.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicant/accused knowing that the condition of the vehicle bus bearing registration No. CG-15-A-7322 was 3 not good and was not fit to drive, gave it to the driver/co-accused Vipin for booking for going to the wedding procession, due to which the bus met with an accident and on account of the same a total of 03 people died due to injuries caused by the said accident, and about 45 other people who had come from outside were injured, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, and the co-accused person has been granted anticipatory bail by this Court vide order dated 11.07.2025 passed in MCRCA No. 1012/2025, the applicant is in jail since 27.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Hasnu Khakha, involved in Crime No. 14/2025, registered at Police Station – Chando, District – Balrampour-Ramanujganj (C.G.) for the offence punishable under Sections 281, 125(a), 105 and 125(b) of the BNS and Sections 39/192, 56/192, 190(2-B), 184, 180, 146/196, 119/177, 66/192 of Motor Vehicles Act, be released on bail on his furnishing a personal bond with two sureties in the like sum 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. 4 (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 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 Rajshekhar