1 2026:CGHC:123 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9402 of 2025 Ramvichar S/o Ramavtar Aged About 55 Years R/o Village- Chapaki Police Station Babhani District- Sonbhadra (U.P) (Age And Village Name Correctly Mentioned As Per Charge Sheet) ... Applicant versus State Of Chhattisgarh Through- Out Station Vijaynagar Police Station - Ramanujganj, District- Balrampur- Ramanujganj (C.G.) (Out Post And Police Station Name Wrongly Mentioned In Cause Title And Correctly Mentioned here As Per Charge Sheet) ... Respondent For Applicant : Ms. Prachi Diwan, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.128/2025 registered at Police Station Out Station Vijaynagar P.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.03 14:36:48 +0530 2 Ramanujganj District Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 105 B.N.S. and Section 184, 185 of Motor Vehicle Act. 2. Case of the prosecution, in brief, is that on 29.07.2025 at about 16.00 Pm in village Gamhariya near paddy collection center on main road, accused by driving his truck bearing registration no. CG 30 E 0253 in rash and negligent manner and dashed motor cycle bearing registration no. CG 30 D 6362 in which deceased Lallu Singh and Nisha Singh were travelling and motor cycle stuck in the truck's body despite the accused being aware of this, he made no effort to rescue the deceased Lallu Singh and drove the truck deliberately in high speed in about 1 km due to that Lallu Singh died and as per the report of complainant Kariman Singh crime was registered and after investigation crime was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. She would submit that the applicant is not involved in this crime in any manner and the name of the applicant is implicated only on the basis of doubt. She would submit that the applicant was previously injured in an accident and due to that his leg and back bone was damaged and his treatment is going on and in jail he is not getting proper treatment. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 30/07/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case 3 before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, considering the period of detention of the applicant since 30/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ramvichar, involved in Crime No.128/2025 registered at Police Station Out Station Vijaynagar P.S. Ramanujganj District Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 105 B.N.S. and Section 184, 185 of Motor Vehicle Act, be released on bail on his furnishing a personal bond with two local 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri