1 2025:CGHC:45098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5428 of 2025 Nand Kumar Joshi, (Mentioned only as Nand Kumar in the impugned order) S/o Shri Sammelal Joshi Aged About 51 Years R/o Gram Silpahri Tehsil Belha (Tehsil Not Mentioned In Impugned Order) P.S. Sirgitti District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Masturi District Bilaspur (C.G.) ... Respondent For Applicant : Shri Kashif Shakeel, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. 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.324/2025 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Section 105 of Bhartiya Nyay GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.04 18:02:28 +0530 2 Sanhita 2023. 2. Case of the prosecution, in brief, is that on receiving merg intimation from CIMS Hospital Bilaspur about death of Shyama Rajak on 07.05.25, Masturi Police Station registered a Merg No. 0/134 u/s 194 BNSS and after investigation, the death of the deceased was stated to be due to injuries sustained by the driver of truck number CG10-R- 9911 while driving carelessly and hitting him from behind on the main road in front of Kahrauda School while he was going from Kutra to Mahmand with his son Pranay on motorcycle. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the offence under section 105 IPC is not made out against the applicant/accused, because the applicant/accused is a driver and according to the prosecution, at the time of the incident, he drove the said vehicle negligently, hit the victim and fled after causing the accident. He would submit that the alleged offence against the present applicant does not fall under the category of homicide, because no such act has been done by the applicant/accused with the intention of causing death or with the intention of causing bodily injury which is likely to cause death. He would submit that the applicant has a license to drive a heavy vehicle. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 28/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit charge sheet has been filed in this case. She 3 would further submit that the applicant has one criminal antecedent which has been explained in para 4A of the bail application. 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 of allegation levelled against the applicant, further the fact that it is a case of accidental death, period of detention of the applicant since 28/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Nand Kumar Joshi, involved in Crime No.324/2025 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Section 105 of Bhartiya Nyay Sanhita 2023, 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. (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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri