1 2025:CGHC:53129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1661 of 2025 Dipak Singh S/o Lt. Rajesh Singh Aged About 34 Years R/o Mig-01/1742, Housing Board, Ward-16, Industrial Estate Bhilai, Tehsil And District - Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - Bori, District - Durg Chhattisgarh ... Respondent For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10.2025 1. The applicant has preferred the first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.130/2025, registered at Police Station – Bori District – Durg (C.G.) for the alleged commission of offence punishable under Sections 184, 185 of the Motor Vehicle Act and Section 105 of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.31 12:24:36 +0530 2 2. As per the prosecution case, on 19.09.2025 at about 9:00 PM, the Sub-Inspector of Police Station Bori, District Durg, received information about a road accident that occurred on the Litia-Bori main road. It is alleged that Ashish Choudhary, Ravish Kumar, and the present applicant were travelling in a Swift car bearing registration No. CG-08-AW-1084, and when they reached near Village Bade Parda, the driver lost control of the vehicle, resulting in an accident. The police reached the spot and rescued the injured persons. Subsequently, on the intervening night of 19/20.09.2025, the brother of the deceased Ashish Choudhary, who is the complainant, lodged a report alleging that the applicant was driving the car in a rash and negligent manner, causing the accident and the death of his brother. Based on this report, an offence was registered against the applicant under the relevant sections. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case without any cogent evidence connecting him to the alleged offence. There is no eyewitness to the incident, and it is an admitted fact that the applicant was not driving the vehicle in question but was merely seated in the front passenger seat. Immediately after the accident, he was rescued by the police and taken to the hospital due to serious injuries. Owing to his critical condition, he was referred to a higher medical centre and remained admitted in the ICU of Pulse Hospital, Bhilai for 10–12 days, and he is still under 3 medical care. The complainant, driven by personal grievance over the unfortunate death of his brother, has falsely implicated the applicant despite being aware that his deceased brother, Ashish Choudhary, was driving the car at the time of the accident. The applicant neither owns the vehicle nor knows how to drive, which further disproves the allegation that he was driving. Even before the learned Trial Court, the applicant specifically contended that he was not driving the car, but the Court failed to appreciate this fact and rejected his plea mechanically. The post- mortem report of the deceased clearly mentions that the deceased had consumed alcohol, and the accident occurred due to his own rash and negligent driving. Therefore, the offence under Section 105 of the Bharatiya Nyaya Sanhita, 2023, is not made out against the applicant, as the essential ingredients of rashness or negligence on his part are completely absent. It is also relevant that the complainant did not oppose the bail before the learned Trial Court, which reinforces the applicant’s innocence. The fact that the airbag deployed on the passenger side, causing injuries to the applicant, further confirms that he was not the driver. The applicant is a permanent resident of the address mentioned in the cause title, is willing to furnish adequate surety, and undertakes to comply with all conditions imposed by this Hon’ble Court, therefore, he prays for grant of anticipatory bail to the applicant. 4 4. Learned State Counsel opposes the bail application and submits that during investigation, it has been revealed that the applicant, along with the deceased Ashish Choudhary and another person, was travelling in the car at the time of the accident. It is further submitted that, as per the complainant’s report, the applicant was driving the car in a rash and negligent manner, due to which the vehicle lost control and met with an accident, resulting in the death of Ashish Choudhary. Considering the nature and gravity of the offence, the manner in which the accident occurred, and the material collected during investigation, it is prayed that the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, it appears that the allegations against the applicant are of a serious nature. As per the prosecution case, the applicant was driving the vehicle in a rash and negligent manner, resulting in the accident and causing the death of one person. The material collected during the investigation prima facie supports the prosecution version. The offence alleged is of a grave nature, involving loss of human life due to the negligent act of the applicant. At this stage, no sufficient ground is made out to grant the benefit of bail to the applicant. Accordingly, this Court does not find it a fit case to 5 extend the privilege of bail to the applicant, and the application is hereby rejected. 7. Accordingly, the anticipatory bail application of the applicant – Dipak Singh, involved in Crime No.130/2025, registered at Police Station – Bori District – Durg (C.G.) for the alleged commission of offence punishable under Sections 184, 185 of the Motor Vehicle Act and Section 105 of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav