1 2026:CGHC:26638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5708 of 2026 Sagar Jaiswal S/o Vijay Jaiswal Aged About 28 Years R/o B/ 70 Amrapali Vananchal City Bhilai, Distt. Durg, Chhattisgarh. .. Applicant(s) versus State Of Chhattisgarh Through, P.S. Supela, Distt. Durg, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. B.P. Singh, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2026 1. This is the first bail application filed under Section 483 of BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 695/2026 registered at Police Station Supela, District- Durg (C.G.) for the offence punishable under Sections 105, 125(A), 281 of BNS and Section 184 of Motor Vehicle Act. 2. Case of the prosecution in brief is that on 17.05.2026, one Rajkumar Bagh lodged a report before the concerned Police Station stating therein that his younger son, namely Noor Khan, had been going with his cousin Salim Ali for the past 4–5 days to learn AC KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 repairing. On the date of the incident, at about 10:00 A.M., Noor Khan was travelling with his cousin Salim Ali on an Aviator Scooty bearing Registration No. CG 07 AR 9448. At the same time, a black-coloured Leo motorcycle bearing Registration No. CG 04 PA 6553 was also standing near the traffic signal. It is alleged that the present applicant, while driving an EcoSport car bearing Registration No. CG 07 BR 0571 in a rash and negligent manner, despite knowing that such driving was likely to cause death, jumped the traffic signal and dashed against the vehicles standing there. As a result of the collision, both the motorcycle and the scooty were damaged. Noor Khan died on the spot, Manohar Kumar Gonade succumbed to his injuries during treatment, and Salim Ali sustained injuries. Thus, the applicant is alleged to have committed the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the unfortunate incident was neither intentional nor the result of any deliberate act. According to the applicant, it is argued that while he was driving the vehicle, a motorcycle being ridden by a person in a drunken state suddenly came in front of his car near the traffic signal. In an attempt to save the said biker, the applicant lost control over the vehicle and due to panic and confusion, inadvertently pressed the accelerator instead of the brake, as a result of which the vehicle went out of control and the unfortunate accident occurred. It is further submitted that, at the highest, the allegations disclose an offence of rash and negligent 3 driving punishable under Section 106(1) of the BNS. Learned counsel further submits that the applicant himself sustained injuries in the accident and became unconscious at the spot. It is lastly contended that the applicant's engagement ceremony with Ms. Palak Jaiswal, a resident of Satna (M.P.), is scheduled to be held on 07.07.2026, for which the family members have already booked train tickets to attend the ceremony and if the applicant is not released on bail, there is every likelihood that the proposed marriage may be jeopardized. (copies of the engagement card and train tickets have been filed collectively as Annexure A/3) therefore, no custodial interrogation of the applicant is now required, he is in custody since 17.05.2026, and as the conclusion of the trial is likely to take considerable time, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the present case pertains to a grave and serious incident in which two innocent persons, namely, Noor Khan and Manohar Kumar Gonade, lost their lives as a result of the applicant's rash and negligent driving, while another victim, Salim Ali, sustained injuries. It is submitted that the applicant drove the vehicle in a highly reckless manner by jumping the traffic signal and colliding with the vehicles waiting at the signal, thereby causing the fatal accident. Considering the gravity of the offence, the manner in which the incident occurred and the loss of two persons, it is prayed that the application for grant of bail deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Considering the overall facts and circumstances of the case, this Court finds that, prima facie, the prosecution case itself indicates that the incident occurred accidentally and there is no material to suggest that the applicant intentionally caused the occurrence, it has also been brought on record that the vehicles which were hit by the applicant were occupied by persons who were allegedly under the influence of alcohol and the applicant is in custody since 17.05.2026, the investigation still going on and the charge-sheet has yet to be filed, the applicant has only one previous criminal antecedent of the year 2025 in which he has already been enlarged on bail, it has further been brought to the notice of this Court that the applicant's engagement ceremony, is scheduled to be held on 07.07.2026 and copies of the engagement invitation card as well as the train tickets booked by the applicant's family members for attending the said ceremony have been placed on record as Annexure A/3, the conclusion of the trial is likely to take considerable time, therefore, without commenting anything on the merits of the case, this Court is inclined to allow the present application 7. Accordingly, the application is allowed. 8. Let the applicant – Sagar Jaiswal, involved in Crime No. 695/2026 registered at Police Station Supela, District- Durg (C.G.) for the offence punishable under Sections 105, 125(A), 281 of BNS and Section 184 of Motor Vehicle 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 5 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 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is 6 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.diurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal