1 2025:CGHC:45087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5118 of 2025 Santosh Nayak S/o Shree Rajan Nayak Aged About 48 Years R/o Village Bhandi Tahsil Baikunthpur, District Koriya (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Charcha, District Koriya (C.G.) ... Non-Applicant For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.09.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 112/2025 registered at Police Station Charcha, District Koriya, (C.G.) for the offence punishable under Section 105 of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, who resides in village Bhadi and works as a domestic help, lodged an oral report stating that on 04.06.2025, Santosh Nayak, a resident of the same village, came near her house in an auto-rickshaw (No. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 CG15CU2671) in an inebriated condition and asked her husband, Ramlal Cherwa, to accompany him to Charcha. Despite observing that Santosh Nayak was intoxicated, he forcibly took Ramlal with him in the said auto. Later, at around 6:30 p.m., Sushil Sahu, another villager, called the complainant’s son, Manoj, and informed him that Ramlal had met with an accident at Sardi Tiraha, Charcha, involving the same auto, and had been seriously injured. He was then taken to the District Hospital, Baikunthpur for treatment. Upon receiving this information, the complainant and her son rushed to the hospital, where they found that Ramlal had succumbed to his injuries. They noticed multiple injury marks on his head and body. It is alleged that Santosh Nayak, while under the influence of alcohol, recklessly drove the auto at high speed, causing the accident that led to Ramlal’s death. Based on this complaint, an FIR was registered against the applicant, and investigation commenced. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. There is no evidence to suggest that he committed or participated in the alleged offence, and the FIR contains only vague and baseless allegations without establishing the essential elements of the crime, particularly mens rea. It is contended that the incident, at best, appears to be a road accident, which has been given a false color with extraneous allegations. It is further submitted that he had no role in the incident and was not even present at the scene. He also submits that the applicant is in jail since 07.06.2025 and is the sole earning member of his family, whose dependents are facing severe 3 hardship due to his continued detention, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel vehemently opposed the bail application and submitted that the allegations against the applicant are serious in nature, as he was in an inebriated condition and forcibly took the deceased with him in his auto. It is further submitted that he deliberately drove the vehicle at high speed, causing the accident which resulted in the death of the deceased. The statements of witnesses and the post-mortem report clearly indicate that the death was not a mere accident but a consequence of the applicant’s reckless and intentional act. Hence, considering the gravity of the offence, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, though the fact that the applicant, while in an intoxicated condition, took the deceased in his auto, and during the course of driving, the vehicle met with an accident, resulting in the death of the deceased, but the applicant is in judicial custody since 07.06.2025, and the investigation is almost complete, further the applicant has no criminal antecedents, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. 4 7. Let the Applicant- Santosh Nayak, involved in Crime No. 112/2025 registered at Police Station Charcha, District Koriya, (C.G.) for the offence punishable under Section 105 of Bharatiya Nyaya Sanhita, 2023, be released on bail on their 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. (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. 5 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan