1 2026:CGHC:20719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4104 of 2026 Dilip Kumar Soni S/o. Bholaram Soni Aged About 50 Years R/o. Labour Camp Jamul, Ward No. 13, Police Station Chawani, District- Durg Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through District Magistrate Durg, Station House Officer, Police Station Pulgaon, District – Durg, Chhattisgrh. ---- Non-applicant For Applicant : Mr. Punendra Khichariya, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.05.2026 1. 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. 223/2026, registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 105 of the BNS and Section 184 of Motor Vehicles Act. 2. The case of the prosecution, is that on dated 27.02.2026 at about 08:00 AM in the morning the complainant appear and lodged their written complaint that on dated 27.02.2026 in morning when he along with his friend namely Hemant Sahu where going to their work place situated at Rasmada Company meanwhile the truck registration bearing No. CG 07 BF 3747 driver hereinafter accused has rashly and negligently driving the vehicle and hit the motorcycle driven by the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 deceased namely Akant Sahu and wherein after that the Akant Sahu leads to death on the written complaint of the complainant the FIR was lodged. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and it is submitted that two persons on a motorcycle had come in front of the truck which was being driven by the applicant and one of them has died because he was crushed by the truck, and the postmortem report of the deceased goes to show the he has suffered injuries on his chest and abdomen, on account of which he died. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 27.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that two persons on a motorcycle had come in front of the truck which was being driven by the applicant and one of them has died because he was crushed by the truck, and the postmortem report of the deceased goes to show the he has suffered injuries on his chest and abdomen, on account of which he died, charge-sheet has been 3 filed against the applicant, the applicant is in jail since 27.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Dilip Kumar Soni, involved in Crime No. 223/2026, registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 105 of the BNS and Section 184 of Motor Vehicles Act, 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 sufficient 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 4 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient 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. Office 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 Rajshekhar