1 2025:CGHC:58368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9722 of 2025 Mehar @ Krish Saluja S/o Balmeet Saluja Aged About 19 Years (Wrongly Mentioned As Balmit Saluja) R/o Ward No. 8, Punjabi Para, Bemetara, P.S. Tahsil And District- Bemetara (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Bemetara, District- Bemetara (C.G.) ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.12.2025 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. 662/2025 registered at Police Station : Bemetara, District – Bemetara (C.G.) for the offence punishable under Sections 281, 125-A, 105 of the Bhartiya Nyaya Sanhita, 2023 and Sections 112 and 183 of the Motor Vehicles Act. 2. As per the prosecution story, in brief, on 26.10.2025, there was a Chhatthi programme at the in-laws’ village Baijalpur of his cousin sister Dipti Sahu, to attend which his family members, Jeevan Ram Sahu, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.03 12:22:26 +0530 2 Makhan Sahu, Kavita Sahu, Revati Sahu, Kunti Sahu, Nirmala Sahu, and other women, men, and children had gone from village Bagoud to Dham Baijalpur in an Ashok Leyland vehicle bearing registration number CG-07-CA-7581. After attending the Chhatthi programme, the family members were returning to village Bagoud in the same vehicle. The vehicle was being driven by Vijay Sahu. At around 08:00 PM, when they reached Kanteli, Bemetara, in front of Kasar Petrol Pump on the Bemetara–Durg road, Mehar Singh Saluja alias Krish, the driver of a Defender vehicle bearing number CG-25-P-9988, coming from Durg, drove his vehicle rashly and negligently and, despite knowing that the persons travelling in vehicle number CG-07-CA-7581 were likely to suffer fatal injuries, hit the Ashok Leyland vehicle from behind. Due to this collision, Jeevan Ram Sahu, Kavita Sahu, Revati Sahu, Kunti Sahu, Nirmala Sahu, Makhan Sahu, and other occupants sustained injuries. All the injured were taken to District Hospital, Bemetara for treatment. The injured Kavita Sahu made a phone call and informed the complainant about the incident. When he reached the District Hospital, Bemetara, he saw that the injured were undergoing treatment, and thereafter the doctor informed him that Jeevan Ram Sahu had succumbed to the serious injuries sustained in the accident. He further received information from the people of Bemetara city that the driver of vehicle number CG-25-P- 9988, Mehar Singh Saluja alias Krish, after causing the aforementioned accident, continued driving rashly and recklessly with the intention of causing the death of other persons as well, and also hit several other vehicles at different places, thereby causing injuries to multiple persons. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the present case. He submits that on 26.10.2025, the applicant was driving the aforesaid 3 Defender vehicle from Durg towards Bemetara while observing all trafÏc norms and driving cautiously. On the same route, a goods vehicle of Ashok Leyland make, bearing registration number CG-07-CA-7581, was travelling ahead while illegally transporting around thirty-five (35) persons far beyond its authorized capacity, many of whom were intoxicated and hanging precariously from the sides and rear of the vehicle. He further submits that while both vehicles were approaching Kasar Petrol Pump, Bemetara, an animal suddenly appeared on the road, compelling the goods-vehicle driver to apply a sudden and forceful brake in the middle of the road without giving any signal or warning to the trafÏc behind. Due to the abrupt braking and negligent conduct of the goods-vehicle driver, the applicant’s vehicle which was moving at a moderate speed and maintaining a safe distance collided with the rear portion of the goods vehicle, resulting in a minor accidental impact. Unfortunately, one passenger of the goods vehicle succumbed to injuries and two others sustained minor injuries. He further submits that the collision was purely accidental and unforeseeable, arising solely from the sudden act of the goods-vehicle driver. There was no intention, knowledge, rashness, or negligence attributable to the applicant. The deployment of the Defender vehicle’s airbags further confirms the sudden and unexpected nature of the incident. He submits that immediately after the collision, a large crowd gathered at the site. Within minutes, the mob turned violent, pelting stones and vandalizing the applicant’s vehicle. Fearing for his life, the applicant fled from the spot in panic and took shelter at his residence. He submits that the present applicant has no criminal antecedents and he is in jail since 27.10.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail 4 application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the further fact that the material on record prima-facie indicates that the collision was an unavoidable and sudden accident caused solely due to the abrupt and unsignaled braking of the goods vehicle ahead which was itself being driven negligently while carrying passengers far beyond its authorized capacity and further considering that the applicant has no criminal antecedents, that the charge-sheet has already been submitted before the competent Court, that the applicant has been in jail since 27.10.2025, and that the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant - Mehar @ Krish Saluja, involved in Crime No. 662/2025 registered at Police Station : Bemetara, District – Bemetara (C.G.) for the offence punishable under Sections 281, 125-A, 105 of the Bhartiya Nyaya Sanhita, 2023 and Sections 112 and 183 of the Motor Vehicles Act, 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 5 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 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 for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek