1 2025:CGHC:45389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5501 of 2025 • Himanshu Kumar Tiwari S/o Shri Shashank Shekhar Tiwari Aged About 28 Years Occupation B - Tech Diplomadhari, R/o Village Bhandi, Police Station Baikunthpur, District Koriya C.G. ... Applicant versus • State Of Chhattisgarh Through The Station House Officer , Police Of Police Station Baikunthpur, District Koriya C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anil Kumar Gulati, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.204/2025, registered at Police Station - Baikunthpur, Dist.- Koriya (CG) for the offence punishable under Sections 105 of BNS and Sections 184 and 185 of Motor Vehicle Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.06 17:48:22 +0530 2 2. The prosecution story in brief, is that, complainant Ishwar Kashyap lodged a complaint stating that his daughter Shoumya Kashyap on 12.06.2025 at about 6.30 p.m. when she was coming to her home after coaching class at that time, the applicant consumed the liquor and driven the car in a rash an negligent manner and dashed the scooty of his daughter as a result she was died. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the allegation levelled against the present applicant is that on the date of incident applicant consumed the liquor and driven the car and he dashed deceased vehicle on account of which she died. He also submits that it is a accidental case and FIR has been lodged under Section 304 of IPC instead of under Section 304-A of IPC. The applicant is in jail since 12.06.2025, 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 applicants. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that according to charge-sheet applicant has no criminal antecedent. 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 and the fact that charge-sheet has been filed and no 3 further investigation is required to be done and fact that applicant has no criminal antecedent, the applicant is in jail since 12.06.2025 and the conclusion of the trial would take some time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant- Himanshu Kumar Tiwari, involved in Crime No.204/2025, registered at Police Station - Baikunthpur, Dist.- Koriya (CG) for the offence punishable under Sections 105 of BNS and Sections 184 and 185 of Motor Vehicle Act, be released on bail on his furnishing a personal bond with two sureties each 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, 4 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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali