1 2025:CGHC:39314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6210 of 2025 Ramjeet S/o Ramdev Aged About 51 Years R/o Village - Karampur, Police Station - Vishrampur (Wrongly Mentioned As Bishrampur) District - Surajpur Chhattisgarh ... Applicant versus State of Chhattisgarh Through The S.H.O. Police Station Vishrampur (Wrongly Mentioned as Bishrampur) District - Surajpur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Gyan Prakash Shukla, Advocate For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2025 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. 97/2025 registered at Police Station - Vishrampur, District - Surajpur, (C.G.) for the offence punishable under Sections 281, 125(A) and 105 of Bharatiya Nyaya Sanhita, 2023 and Section 185 of the Motor Vehicle Act, 1988. 2. The prosecution story in brief, is that complainant, Akshay Kumar, lodged an FIR on 09.05.2025 alleging that, on the same day at RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 around 07:00 PM, his mother, his three-year-old daughter, as well as his sister-in-law and her two-year-eight-month-old daughter were sitting at the doorstep of their house when the present applicant, who was driving an Ertiga car bearing registration number CG-04- MP-3406, drove the vehicle in a rash and negligent manner, lost control, and rammed into the house. As a result of the said accident, the two minor children sustained grievous injuries and later they lost their life during medical treatment, while the complainant’s mother and sister-in-law also sustained injuries. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case, as the investigating agency has not collected any material evidence against him and several discrepancies exist in the police investigation, despite this, the applicant has been arrested without any sound basis. It is further submitted that the incident was purely accidental, as the applicant was driving the vehicle cautiously and had attempted to control it, however, while giving side to an oncoming vehicle, he lost control, which led to the unfortunate accident. It is emphasized that there was no previous enmity nor any intention on the part of the applicant to cause harm, rather, the accident occurred while the applicant was attempting to save children playing near the roadside. Moreover, it was evening time and the headlights of the vehicle coming from the opposite side were on high beam, due to which the applicant momentarily lost visibility and swerved the car to protect a cyclist on the road, 3 inadvertently resulting in the mishap. He further submits that the applicant has no previous criminal antecedents, he is in jail since 10.05.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the allegations against the applicant are of a very serious nature, as two innocent minor children aged about three-year-old and two-year- eight-month-old, lost their lives in the incident and two adult members of the family sustained injuries. It is further contended that the applicant was allegedly driving the vehicle under the influence of alcohol, and due to his rash and negligent act, the car rammed into the complainant’s house, causing the fatal accident, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the nature of the incident, wherein two minor children lost their lives and two adult members of the complainant’s family sustained injuries, this Court cannot ignore the serious consequences of the applicant’s conduct. The prosecution case, as it reflected from the record against applicant that he was under the influence of alcohol at the time of the incident. Such conduct, if proved, demonstrates a blatant disregard for the safety of others and borders on culpable negligence rather than a mere road mishap. The loss of two 4 innocent lives, aged about three-year-old and two-year-eight- month-old, has caused irreparable trauma to the family and warrants a cautious approach at the stage of bail. In light of these facts and circumstances, and keeping in view the larger societal interest and the seriousness of the offence, this Court does not find any ground to grant bail to the applicant at this juncture. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Ramjeet, involved in Crime No. 97/2025 registered at Police Station - Vishrampur, District - Surajpur, (C.G.) for the offence punishable under Sections 281, 125(A) and 105 of Bharatiya Nyaya Sanhita, 2023 and Section 185 of the Motor Vehicle Act, 1988, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul dewangan