1 2026:CGHC:25639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5471 of 2026 Nand Kishore Yadav S/o Shri Dhannaram Yadav Aged About 22 Years R/o Village Banji, Police Station Podi, Tahsil And District Manendragarh- Chirmiri-Bharatpur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Of Out Post Podi Bachara, Police Station Baikunthpur, District Koriya (C.G.) ... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate For Non-Applicant/State : Mr. Shalin Singh Baghel, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.06.2026 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. 127/2026 registered at Out Post Podi Bachara, Police Station Baikunthpur, District Koriya, (C.G.) for the offence punishable under Sections 105, 138, 3(5) of of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that pursuant to a merg intimation regarding the death of Bijendra Khairwar, the police RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 initiated an inquiry into the incident. During investigation, it was alleged that on 24.02.2026, co-accused Ramesh Kumar Sahu had taken a DJ set in his pick-up vehicle to Village Thagaon in connection with a marriage function. While returning from the said function along with Nandu, Rahul, Ankit and Dinesh, a dispute allegedly arose concerning playing the DJ along with the deceased and his friends. The prosecution further alleges that thereafter co- accused Ramesh Kumar Sahu and the present applicant abducted the deceased Bijendra Khairwar and took him in the pick-up vehicle. During the course of the journey, the deceased allegedly jumped from the moving vehicle, sustained grievous head injuries and subsequently succumbed to the said injuries. On the basis of the material collected during investigation, the police registered the offence, arrested the applicant for the commission of the alleged offences and filed the charge-sheet. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that no material is available on record to establish his involvement in the alleged offence. It is contended that the applicant neither acted in the manner alleged by the prosecution nor played any role in the occurrence. He further submits that the family members of the deceased themselves have filed a claim petition under Section 166 of the Motor Vehicles Act before the learned Additional Motor Accident Claims Tribunal, Chirmiri, District Koriya, seeking compensation on account of the death of the deceased, wherein it has been specifically pleaded that the deceased fell from the pick- 3 up vehicle due to rash and negligent driving by co-accused Ramesh Kumar Sahu after the vehicle door opened during transit. It is, therefore, argued that the case is one of accidental death arising out of a motor vehicle accident and not a case attracting the provisions of Section 105 of the BNS. It is further submitted that the applicant is neither the owner nor the driver of the offending vehicle and the allegation of abduction levelled against him is omnibus in nature and stands contradicted by the averments made by the claimants in the claim petition. He further submits that the applicant has no previous criminal antecedents, the charge-sheet has been filed, the applicant is a young man aged about 22 years and is in jail since 19.04.2026, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court. He further submits that the applicant is specifically named in the FIR and has been implicated on the basis of material collected during the course of investigation. It is contended that there are specific allegations against the applicant and co-accused of abducting the deceased, pursuant to which the deceased sustained fatal injuries after jumping from the pick-up vehicle and subsequently died. He further submits that the statements of witnesses recorded during investigation prima facie support the prosecution case and clearly indicate the involvement of the applicant in the commission of the alleged offence. Considering the nature and gravity of the offence, the circumstances leading to 4 the death of the deceased, and the material available on record, it is prayed that the applicant does not deserve the benefit of bail and the application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, the material available on record and the submissions advanced by learned counsel for the parties, this Court finds that the prosecution case is based on the allegation that the applicant and co-accused had abducted the deceased, who allegedly sustained fatal injuries after jumping from a pick-up vehicle. However, it is noticeable that the family members of the deceased have instituted a claim petition under Section 166 of the Motor Vehicles Act, wherein it has been specifically averred that the deceased fell from the vehicle due to rash and negligent driving of the driver, resulting in accidental injuries leading to his death. Further, the applicant is neither the owner nor the driver of the vehicle, is a young person aged about 22 years, has remained in jail since 19.04.2026, the charge-sheet has already been filed before the competent Court, he has no previous criminal antecedents, and the trial is likely to take considerable time for its conclusion. Therefore, taking into consideration the overall facts and circumstances of the case, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 5 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Nand Kishore Yadav, involved in Crime No. 127/2026 registered at Out Post Podi Bachara, Police Station Baikunthpur, District Koriya, (C.G.) for the offence punishable under Sections 105, 138, 3(5) of of the Bharatiya Nyaya Sanhita, 2023, 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 6 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan