1 2025:CGHC:4967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 761 of 2025 Deepak Yadav S/o Dauram Aged About 25 Years R/o Chhoti Koni, Police Station Koni, District- Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line Bilaspur, District- Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ravipal Maheshwari, Advocate. For Non-applicant/State : Mr. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28.01.2025 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. 1245/2024 registered at Police Station : Civil Line Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 281, 296, 351(2), 115(2), 118(1), 117(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3/181 and 146/196 of the Motor Vehicle Act. 2. The prosecution's case is that the complainant filed a report at the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.29 11:52:07 +0530 2 concerned police station, stating that on December 19, 2024, while driving their car (C.G. 10 B.K. /4311) near Children's Hospital at Agrasen Chowk, the applicant recklessly and negligently drove their rickshaw (C.G. 10 B.U. /5470) into the complainant's car. An altercation ensued, after which the applicant fled the scene. Consequently, the police registered offenses under various sections of the Bhartiya Nyay Sanhita and the Motor Vehicle Act against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that at the time of the incident, the complainant was driving his vehicle in a rash and negligent manner and suddenly turned his car. As a result, the applicant lost control and merely touched the vehicle, whereupon the complainant began to quarrel and assault the applicant. He also submits that the injuries sustained by the complainant is of simple in nature. He further submits that the applicant is in jail since 19.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court. She also submits that the applicant has 04 criminal antecedents under the IPC of the year 2017 and 2018 which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the injuries sustained by the injured is of simple in nature, moreover, the applicant has 04 criminal antecedents under the IPC of the year 2017 and 2018 which are old and stale cases. Also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 19.12.2024 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Deepak Yadav, involved in Crime No. 1245/2024 registered at Police Station : Civil Line Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 281, 296, 351(2), 115(2), 118(1), 117(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3/181 and 146/196 of the Motor Vehicle Act, 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 sufÏcient 4 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek