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2025 DAILYLAW 41870 (CHH)

DHARMENDRA PASWAN v. STATE OF CHHATTISGARH

MCRC/7926/2024 · 2025-01-27

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:4838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7926 of 2024 • Dharmendra Paswan S/o Shrikant Paswan Aged About 37 Years R/o Ward No. 31 Nangaiyapara Zone 3 Durga Mandir Thana Khursipar Distt. Durg Chhattisgarh, District : Durg, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through P.S. Naimed Distt. Bijapur Chhattisgarh ... Respondent For Applicant : Mr. Vikash A. Shrivastava, Advocate For Respondent/State : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 27.01.2025 1. The applicant has preferred this Second Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested on 05.02.2024 in connection with Crime No. 02/2024, registered at Police Station Naimed, District - Bijapur (C.G.) for the offence punishable under Sections 279, 337 & 304 of I.P.C. First bail application filed by the applicant was dismissed as withdrawn. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.01.30 10:28:12 +0530 2 2. The prosecution story, in brief, is that on 31.01.2024, 23 persons were going in pickup van bearing registration No. CG-18-L-2883 towards village Paidapal & Phulgatta and at that time near Mingachal Primary Health Center, Main Road N.H.-63, a Trailor bearing registration No. CG-12-S-5825 loaded with iron having 3-4 feet was also outsides. The driver of the vehicle(Trailor) rashly and negligently by driving the trailor dashed the pickup van causing death of 4 persons at the place of the incident and 10 persons sustained injuries. After investigation the FIR has been registered against the applicant and the applicant has been arrested on 05.02.2024 by the Police. 3. Learned counsel for the applicant would submit that the charge- sheet has already been filed, evidence has already been begun and therefore, no custodial remand is required, thus, he would pray for releasing the applicant on bail. 4. On the other hand learned State counsel opposing the submission would submit that the applicant driving the vehicle(Trailor) dashed the pickup van causing injuries to 10 persons and death to the 4 persons, therefore, there is material against the applicant, as such, she would pray for rejection of bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has already been filed, evidence has already been begun and no custodial remand is required, I am of the view that it is a fit case where the applicant should be enlarge on bail. 3 7. Accordingly, the bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. 8. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Manish