1 2026:CGHC:23821 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2735 of 2026 Kanhaiya Lal Yadav S/o Dilharan Yadav Aged About 49 Years R/o H .N. 260, Tilaiha, Polmi, Korba, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Pali, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Kashish Saluja, Advocate. For Non-applicant/State. : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.06.2026 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. 39/2026 registered at Police Station Pali, District - Korba (C.G.), for the offences punishable under Section 105 of the Bhartiya Nyay Sanhita (BNS). 2. The prosecution story, in brief, is that on 01.09.2025 at around 9:00 a.m., the complainant, along with his family members, took the deceased child to the accused, Kanhaiya Lal Yadav, who runs a medical store and clinic, for medical examination and treatment of the child. It is alleged that the accused treated the infant, Harsh Kumar Sahu, aged 1 month and 6 days, at his house and administered an injection, due to which the health ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.16 15:01:18 +0530 2 of the child deteriorated and he died on the same day, i.e., 01.09.2025. On the basis of the charge-sheet filed by Pali Police Station, the accused is being tried for the offence punishable under Section 105 of the B.N.S. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the foresaid case. He submits that the post-mortem report does not establish the cause of death. It merely states that the mode of death was cardio- respiratory failure, which is not the cause of death, and the exact reason for death remains unknown. The mere presence of a bluish mark at the injection site is not sufficient to establish causation. Thus, there is an absence of a prima facie nexus between the alleged act and the death of the infant. He also submits that the post-mortem report notes the presence of milk in the stomach, indicating recent feeding. In infants, there exists a well-recognized risk of aspiration pneumonia or aspiration- related hypoxia, which may lead to sudden deterioration and death. The accused acted upon the request of the family members to help a crying infant, and there is no evidence to suggest that he had knowledge that the injection administered would cause harm. Hence, the essential ingredient of the offence, i.e., mens rea, is absent. He also submits that the alleged injection was administered at about 9:00 a.m., whereas the infant was declared dead at around 3:00 to 4:00 p.m., reflecting a gap of nearly six hours. This unexplained interval introduces the possibility of intervening medical events or natural causes, thereby breaking the chain of causation. The applicant works at a medical store in the village under a valid licence issued in the name of his son by the competent authority and is the sole breadwinner of his family. He submits that the present applicant has no criminal antecedents and he is in jail since 31.01.2026, conclusion of the trial may take some time, therefore, he prays for grant 3 of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the present applicant has no criminal antecedents, furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 31.01.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Kanhaiya Lal Yadav, involved in Crime No. 39/2026 registered at Police Station Pali, District - Korba (C.G.), for the offences punishable under Section 105 of the Bhartiya Nyay Sanhita (BNS), 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 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, 4 the trial court may proceed against his 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 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 Abhishek