1 2025:CGHC:31064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 979 of 2025 Deelip Nishad S/o Kartikram Nishad, Aged About 26 Years R/o Village- Pitaipali, Tahsil And Police Station- Saraipali, District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station-City Kotwali Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Shri Amit Singh Chauhan, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/07/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.201/2025 registered at Police Station – City Kotwali GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.08 16:25:41 +0530 2 Sarangarh, District-Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 105 of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that it is alleged that the applicant while driving the mixture machine without side supervisor, side engineer and security, has turn turtle the vehicle at the time of unloading the vehicle Mixture Machine bearing registration no. OD-08-J-8775 at under-construction Hospital Chandai, due to which, one mason namely Ramkumar has received injuries and died during treatment. 3. Learned counsel for the applicant submits that the applicant is innocent and he is falsely implicated in the case. He would submit that it is a pure case of accidental death of the deceased. He would further submit that investigation and trial are likely to take time, therefore, the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail and submitted that the applicant is a operator of mixer machine and a hospital at Chandai was under construction, the applicant while driving the mixture machine, the vehicle turned turtle at the time of unloading and one mason namely Ramkumar has received injuries and died during treatment. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, considering the nature of allegation levelled against the applicant who is a operator of mixer machine and it is a case of accidental death of the deceased and also considering the fact that investigation and trial are likely to take time, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Deelip Nishad, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which 4 shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri