Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45640
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5945 of 2025 Vishnu Raj Miri S/o Late Ramadhar Miri Aged About 29 Years R/o Qr. No. 1 - B/77 Pump House Colony, SECL Korba, Tehsil And District Korba, Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through - Police Station Civil Line Rampur, District – Korba, Chhattisgarh.
---- Non-Applicant For Applicant
: Mr. Vikas Pandey, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 08.09.2025
1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 511/2024, registered at Police Station – Civil Line Rampur, District – Korba (C.G.) for the offence punishable under Sections 281, 125(2) and 105 of the BNS and Section 185 of the Motor Vehicle Act.
2. As per the prosecution story in brief, is that on 28.08.2024 the complainant namely Damini Giri has lodged the written report before the Police Station concerned against the applicant that on 27.08.2024 the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 applicant has dashed Manoj Kumar and Shiv Kumar Miri on Niharika Korba road due to rash and negligent driving by himself on his vehicle Breeza Car bearing No. CG-12-BN-2421 due to which they received grievous injuries and taken on New Korba Hospital for medical treatment and during treatment they died. Thereafter, the FIR was registered against the applicant. Hence, this application.
3. First bail application of the applicant was rejected by this Court vide
order dated 05.11.2024 passed in MCRC No. 7623 of 2024.
4.
Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that some witnesses have been examined before the trial Court and they have not supported the case of prosecution. The applicant is in jail since 29.08.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that the applicant’s MLC report goes to show that he was in alcoholic condition and dashed the motorcycle of the deceased and the injured who were traveling on and tow persons have died and three persons have received injuries, and on the same ground the first bail application of the applicant was rejected by this Court. As such, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary it transpires that the
3 applicant’s MLC report goes to show that he was in alcoholic condition and dashed the motorcycle of the deceased and the injured who were traveling on and tow persons have died and three persons have received injuries, and on the same ground the first bail application of the applicant was rejected by this Court, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this Second bail application of applicant – Vishnu Raj Miri involved in Crime No. 511/2024, registered at Police Station – Civil Line Rampur, District – Korba (C.G.) for the offence punishable under Sections 281, 125(2) and 105 of the BNS and Section 185 of the Motor Vehicle Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed with the trial and make efforts to conclude the same, expeditiously, preferably within a period of three months from the date of passing of this order, if there is no any legal impediment. 10.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar