1 2025:CGHC:17229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1251 of 2025 Sandeep Porte S/o Shri Fekuram Porte Aged About 23 Years R/o Village Baksahi Police Station And Tahsil Pali District - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Ratanpur District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Ravi Kumar Bhagat, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 54/2025 registered at Police Station : Ratanpur, District Bilaspur (C.G.) for the offence punishable under Sections 281 and Section 105 of the Bhartiya Nyaya Sanhtia, 2023. 3. As per the FIR lodged with Police Station Ratanpur, District ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.21 14:41:28 +0530 2 Bilaspur, the applicant is the driver of Trailer C.G.-13-LA 5176. On the date of the incident, he was driving the aforementioned vehicle from Limha towards Bagdeva. Near village Limtara, the vehicle collided with an electricity pole and subsequently with a house wall. Due to this collision, a 4-year-old minor girl, Somya, came under the vehicle and got injured. The minor girl was taken to CHC Ratanpur, where she was declared dead. Following a complaint by the maternal grandfather, Ram Bahadur Teak, to the police station Ratanpur, an FIR was lodged at Crime No. 54/2025 under Sections 281 and 105 of BNS. The applicant was arrested on 24.01.2025, in connection with Crime No. 54/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant is a daily wage earner and was a vehicle helper, while the actual driver fled the scene under the cover of darkness after the incident. The driver lost control of the vehicle, allegedly due to another vehicle (Bolero) passing by and the poor road conditions, resulting in the vehicle colliding with a house wall and the unfortunate incident occurring. He also submits that the applicant has no criminal antecedents and he is in jail since 24.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 5. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 24.01.2025 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. 8. Let applicant, Sandeep Porte, involved in Crime No. 54/2025 registered at Police Station : Ratanpur, District Bilaspur (C.G.) for the offence punishable under Sections 281 and Section 105 of the Bhartiya Nyaya Sanhtia, 2023, 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. 9. 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 Abhishek