1 2025:CGHC:41597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6482 of 2025 Devendra Prasad S/o Chandrika Prasad Aged About 70 Years R/o Plot No. 460 T.P. Nagar Korba, Police Station- Rampur, Korba, District Korba, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- District Magistrate, District- Janjgir- Champa Chhattisgarh. ... Respondent For Applicant : Shri Rupesh Shrivastava, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025 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.244/2025 registered at Police Station Baloda, Dist. Janjgir-Champa, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.19 17:31:20 +0530 2 (C.G.) for the offence punishable under Sections 281,125 (A), 137(2), 105, 61(2), 238(kh) of BNS. 2. Case of the prosecution, in brief, is that the complainant namely Santram Patel made a complaint and stated that, he is the resident of village Bachhod Lohar Para, that my daughter Nandini Patel's daughter Shivangi Patel, age 7 years, who was living with me for about two months, that today on 12/06/2025 at about 4:30 pm, my granddaughter Ms. Shivangi Patel had gone to pick mangoes fallen from a tree along with my granddaughter Mansi Patel and small children of Para Mohalla on the roadside some distance from my house. She was picking mangoes fallen from the tree on the roadside when the driver of a white colored unknown car coming from Bilaspur side, driving the vehicle carelessly, hit my granddaughter Shivangi Patel and caused an accident and my granddaughter fell on the ground. A person in the car quickly got down and told the children present there that they were taking her to the hospital and picked up my granddaughter Shivangi Patel and fled towards Baloda in his car. I and my family and people of Para Mohalla tried to find my granddaughter Shivangi Patel by going around Baloda and in Baloda but could not find her anywhere. That on the basis of the compliant made by the complainant police has registered the crime no. 244/2025 for the alleged offences punishable under section 137(2) and 281 of the BNS, during the search found the Car CG 12 BN 5113 in which body of the girl found on the back seat of the car, which was driven by the present applicant, thereafter recorded the memorandum of the present applicant and during investigation added the new sections 125(A), 105, 61(2), 238(Kh) of the BNS and arrested the present applicant on 14.06.2025 and after completion of 3 the investigation filed final report before concerned Judicial magistrate Akaltara, for further action. 3. Learned counsel for the applicant submitted that the applicant along with his wife were going in a car and the deceased and other children were playing and an accident took place in which one of the children deceased aged about 6 years died. It is stated that wife of the applicant namely Smt. Rani Devi has been granted anticipatory bail by this Court in MCRCA No.956/2025 on 04/07/2025 and it is a case which would not travel beyond Section 304(A) of IPC and registration of FIR is for offence under Section 105 of BNS (Section 304 IPC). He would submit that the charge sheet has been filed in this case and the applicant is in jail since 14/06/2025 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 he would submit that charge sheet has been filed in this case before the competent court. 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, submissions of learned counsel for the parties, nature of allegation levelled against the applicant, considering the fact that wife of the applicant namely Smt. Rani Devi has been granted anticipatory bail by this Court in MCRCA No.956/2025 on 04/07/2025, period of detention of the applicant since 14/06/2025, 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 4 released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Devendra Prasad, involved in Crime No.244/2025 registered at Police Station Baloda, Dist. Janjgir-Champa, (C.G.) for the offence punishable under Sections 281,125 (A), 137(2), 105, 61(2), 238(kh) of BNS, 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 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 5 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