1 2025:CGHC:42169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5676 of 2025 Amit Burman S/o Dinesh Prasad Burman Aged About 32 Years R/o. Adarsh Nagar, Old Check Post, Jamshedpur, P.S. Maango, District - Saraykela Kharatava (Jharkhand) ... Applicant versus State Of Chhattisgarh Through - P.S. - Kharora, District - Raipur, Chhattisgarh. ... Respondent For Applicant : Shri MPS Bhatia, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/08/2025 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.292/2025 registered at Police Station Kharora, District- Raipur (C.G.) for the offence punishable under Sections 105, 110 Bhartiya Nyaya Sanhita, 2023 and S. 194(1)(A) and 185 of Motor Vehicle Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.22 10:37:17 +0530 2 2. Case of the prosecution, in brief, is that on 11.05.2025 the applicant was driving his vehicle Trailer No. JH 05 DP 7584 when he reached near Ganga Farm House village Bangoli a Matador Vehicle No. CG 04 MQ 1259 was coming from the opposite side with high speed and got out of control and collided with one Hyva vehicle bearing registration No. CG 10 BT 4095 as a result the passengers of the Matador got serious injuries. On the matador there were more than 50 persons being carried out of which 13 persons died on the spot and 26 received injuries. However it is clear that in the road accident the 2 vehicles which were involved were- the Matador Vehicle No. CG 04 MQ 1259 Hyva No. CG 10 BT 4095. 3. It has been argued by learned counsel for the applicant that driver of the Matador who was also in a drunken state was carrying 44 people including the driver who were returning from a function (chatti) which hit the truck of the applicant who was also stated to be in a drunken state. It is stated that it is a case of negligent driving of the driver of the Matador who was in a drunken state. It is further submitted that the charge sheet has been submitted and the case will not travel beyond Section 304-A IPC (106 (1) BNS) and simply because 13 persons have died and 14 persons have received injuries, case was registered under Section 105 of BNS. He would further submit that the applicant is in jail since 12/05/2025 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 would submit that charge sheet has been filed in this case before the competent court. 3 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, considering the fact that driver of the Matador was in a drunken state who was carrying 44 people including himself who were returning from a function (chatti) which hit the truck of the applicant who was also stated to be in a drunken state and it is a case of negligent driving of the driver of the Matador who was in a drunken state and the case will not travel beyond Section 304-A IPC (106 (1) BNS), period of detention of the applicant since 12/05/2025, 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Amit Burman, involved in Crime No.292/2025 registered at Police Station Kharora, District- Raipur (C.G.) for the offence punishable under Sections 105, 110 Bhartiya Nyaya Sanhita, 2023 and S. 194(1)(A) and 185 of Motor Vehicle Act, 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 4 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, 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