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2025 DAILYLAW 32437 (CHH)

SNEHIL GUPTA v. STATE OF CHHATTISGARH

MCRC/5517/2025 · 2025-08-12

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5517 of 2025 • Snehil Gupta S/o Shri Sunil Kumar Gupta, Aged About 28 Years R/o Durga Chowk, Marwahi, P.S. Pendra, District Gaurela-Pendra- Marwahi (Chhattisgarh) ... Applicant versus • State Of Chhattisgarh Through Police Station Pendra, District Gaurela-Pendra-Marwahi Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant :Mr. Pritam Kumar Tiwari appears on behalf of Mr. Aman Tiwari, Advocate For Respondent/State :Mr. Jitendra Shrivastava, Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.08.2025 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.200/2025 registered at Police Station- Pendra Distt.- Gaurela-Pendra-Marwahi (C.G.), for the offence punishable under Sections 105 of BNS. 2. The case in brief is that, the Applicant was driving A Maruti Brezza bearing registration number C.G 31-B-2536 was being driven by 2 the Applicant in a drunk state and due to his rash and negligent driving the Applicant hit the other persons traveling on motor cycles and consequently the other persons scummed to death and subsequently hit a tree, thereafter FIR has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in crime in question. He further submits that the allegation levelled against the present applicant is that on the date of incident, applicant was in a drunken condition and drove the car run-over four persons in a single day, FSL report was found positive, which shows that applicant was in intoxicated condition and he is in jail since 17.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has criminal antecedents bearing istagasa No.96/175/2025 under Sections 170/126, 135 of the BNSS, in crime No.233/2023 under Sections 294, 506, 323, 143 of IPC, in crime No, 221/2024 under Sections 6 of the C.G. Gambling Act, in crime No. 222 of 2024 under Sections 6, 5, 7 of the C.G. .Gambling Act and 112 of the BNS, in crime Nos. 47/2025, 6/2025 and 223 of 2024 and sections 5, 7 of the C.G. Gambling Act, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and looking to the fact that applicant was in a drunken condition and drove the car run-over four persons in a single day, FSL report was found positive, which shows that applicant was in intoxicated condition. It cannot be said that it was not only rash and negligent driving, but it appears to be a deliberate act of the applicant, who was in a drunken state looking to the conduct of present applicant and he has five criminal antecedents, it appears that he is habitual offender, this Court does not find it a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant- Snehil Gupta involved in Crime No.200/2025 registered at Police Station- Pendra Distt.- Gaurela-Pendra-Marwahi (C.G.), for the offence punishable under Sections 105 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaishali