1 / 4 2025:CGHC:4460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 688 of 2025 1 - Naresh Dheewar S/o Shri Nand Kumar Dheewar Aged About 52 Years R/o. Village Farfaud, Police Station Aarang, District Raipur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Aarang, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pushpendra Patel, Advocate. For Non-applicant/State. : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 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. 332/2024 registered at Police Station Aarang, District - Raipur (C.G.), for the offences punishable under Sections 279, 337, 304(A), 304, 338 of Indian Penal Code, 1860. 2. The prosecution's story is that, the complainant Kumar Singh Chandrakar had lodged a written report in Police Station Aarang on 17.04.2024, alleging therein that he along with his nephew (Naresh Chandrakar), wife (Smt. Tameshwari Chandrakar), daughter SHAYNA KADRI Digitally signed by SHAYNA KADRI Date: 2025.01.25 13:45:34 +0530 2 / 4 (Garima Chandrakar), son (Vinay Chandrakar) was travelling through Motorcycle to village Mokhla and when they reached near Bodra Road drainage, accused by driving the Sumo rashly, negligently, carelessly and dashed the motorcycle of the complainant, resultantly Tameshwrai Chandrakar died on the spot. Thereafter the incident was reported to the concerned Police Station and applicant was arrested on 20.04.2024. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the foresaid case. He submits that it is accidental case in which deceased lost his life due to rash and negligent driving. Though F.I.R. has been registered against applicant for offence under Sections 279, 337, 304 (A) and 338 I.P.C., but to give a serious colour to incident and to make offence non-bailable and cognizance, offence under Section 304 of I.P.C. has also been added. He contended that there is no criminal antecedent registered against applicant. He also submits that the charge-sheet has been filed and present applicant is in jail since 20.04.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the wife and son of complainant died due to rash and negligent driving by applicant. The charge-sheet has already been submitted before the competent Court in the present case. therefore, applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case 3 / 4 diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation, there is no criminal antecedent against the applicant, as also considering the fact that the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 20.04.2024, and conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Naresh Dheewar, involved in Crime No. 332/2024 registered at Police Station Aarang, District - Raipur (C.G.), for the offences punishable under Sections 279, 337, 304(A), 304, 338 of Indian Penal Code, 1860., be released on bail on furnishing 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 sufÏcient cause, the trial court may proceed against his under 4 / 4 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Shayna