1 2025:CGHC:48587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6402 of 2025 Ravishankar Paw S/o- Raju Singh Paw Aged About 26 Years R/o- Village Lohari, Police Station Marwahi, District G.P.M. (C.G.) ... Applicant versus State Of Chhattisgarh Through Ps Marwahi, District- G.P.M. (C.G.) ... Non-applicant For Applicant : Mr. Shashi Bhusan Tiwari, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 22.09.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 78/2025 registered at Police Station : Thana Marwahi, District – Gaurela – Pendra - Marwahi (C.G.) for the offence punishable under Sections 105,106 of the Bhartiya Nyaya Sanhita, 2023 and Section 184, 146/196 of the Motor Vehicle Act 1988. 2. The prosecution story in brief is that On 26.05. 2025, the applicant, while driving a Sonalika tractor bearing registration no. CG-10-AR- 9658 with a trolly no. CG-10-AU-1028, allegedly caused the death of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 10:23:49 +0530 2 one Rishi Kumar Dixit, who was riding motorcycle (CG-16-CB-7140, near Chalchali turn The F.I.R. was lodged by complainant Devendra Pratap Singh, who is the cousin of the deceased, it is alleged that the applicant intentionally hit the motorcycle and then ran over the deceased's hea and right arm while fleeing which causes death on spot. The tractor was found abandoned at the spot and was seized. On the notice under section 94 of 1.P.C., the registered owner Sukhlal Kewat identified the applicant as the driver. The applicant was questioned by the police and-is stated to have accepted driving the vehicle. Rajesh Kumar Suman who is the eyewitness, in the police statement, stated that the accident appeared to be intentional. Hence F.I.R. was registered under Sec. 105, 106 of the Bhartiya Nyaya Sanhita (B.N.S.) and Sec. 184, 146/196 of Motor Vehicle Act. 3. The applicant respectfully submits that he has been falsely implicated in the present case and the allegations leveled against him are doubtful, exaggerated, and without any substantial evidence. The alleged confession recorded during police custody is inadmissible under Section 25 of the Bhatiya Sakaiya Adhiniyam, 2023, and carries no evidentiary value. The applicant has no past criminal record, is a law-abiding citizen, a permanent resident of Village Lohari, living with his family, and is the sole breadwinner of his household, with no likelihood of absconding or fleeing from justice. The vehicle in question has already been seized, the identity of the driver has been established, and the necessary documents and statements have been recorded, showing that the investigation is substantially complete, leaving no scope for tampering with evidence or influencing witnesses. 3 Prolonged pre-trial detention without substantial prima facie evidence violates the applicant’s fundamental right to personal liberty under Article 21 of the Constitution of India. The issues regarding whether the incident was intentional or accidental, and whether it constitutes culpable homicide or rash driving, are matters to be determined at trial and cannot be the basis for denial of bail. The Hon’ble Supreme Court has time and again held that bail is the rule and jail is the exception, subject to reasonable conditions. The applicant undertakes not to repeat any offence, to face the trial regularly, and not to influence prosecution witnesses in any manner. He is willing to furnish adequate surety and abide by all conditions that may be imposed by this Hon’ble, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of offence, and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 04.07.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Ravishankar Paw, involved in Crime No. 78/2025 registered at Police Station : Thana Marwahi, District – Gaurela – 4 Pendra - Marwahi (C.G.) for the offence punishable under Sections 105,106 of the Bhartiya Nyaya Sanhita, 2023 and Section 184, 146/196 of the Motor Vehicle Act 1988, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav