1 2025:CGHC:17217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1538 of 2025 Manjesh Baghel S/o Late Itwari Baghel Aged About 30 Years R/o Village- Jethukapa Satnami Para, P.S. Mungeli, District Mungeli, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Tilda Nevra District Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Ayush Lall, Advocate. For Non-applicant/State : Mr. Malay Jain, 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. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 35/2025, registered at Police Station – Tilda Nevra District Raipur (C.G.) for the offence punishable under Sections 105 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The case of the prosecution, is that on 22.01.2025 the fatehr of the deceased made a complaint at the Police Station concerned against the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.21 14:41:29 +0530 2 applicant that the aplicant was driving vehicle Hiva bearing registration No. CG-28-P-1028 in a rash and negligent manner and without blowing the horn caused an accident with the deceased Mayank Yadav who was 5 years old and crushed and dragged him for some distance due to which Mayank died on the sport. On the report of the complainant the offence was registered against the applicant under Section 105 of BNS. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and further the fact that if the prosecution case is taken at its place value, the Investigating OfÏcer should ought to have framed charges under Section 106 of BNS, but the FIR was registered under Section 105 of the BNS, as no ingredients of Section 105 of BNS is attracted as the applicant had no such malafide intention to cause any accident. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 22.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that on 22.01.2025 the fatehr of the deceased made a complaint at the Police Station concerned against the applicant that the aplicant was driving vehicle Hiva bearing registration No. CG-28- P-1028 in a rash and negligent manner and without blowing the horn caused an accident with the deceased Mayank Yadav who was 5 years old and crushed and dragged him for some distance due to which Mayank died on the sport, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that if the prosecution case is taken at its place value, the Investigating OfÏcer should ought to have framed charges under Section 106 of BNS, but the FIR was registered under Section 105 of the BNS, as no ingredients of Section 105 of BNS is attracted as the applicant had no such malafide intention to cause any accident, charge-sheet has been filed against the applicant, the applicant is in jail since 22.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Manjesh Baghel, involved in Crime No. 35/2025, registered at Police Station – Tilda Nevra District Raipur (C.G.) for the offence punishable under Sections 105 of the BNS, be released on bail on his furnishing a 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 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 4 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