1 CGHC010258932026 2026:CGHC:28455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1064 of 2026 Pradhyumn Tiwari S/o Late Anil Kumar Tiwari, Aged About 27 Years R/o Village Swarajipara, Nutan Colony Pendra, Police Station And Tehsil - Pendra, District- G.P.M. (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Pendra District- Gaurela- Pendra- Marwahi (C.G.) --- Respondent(s) For Applicant(s) : Mr. Amarnath Pandey, Advocate. For Respondent(s) : Mr. Vinod Tekam, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. This is the first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant, who is apprehending his arrest in connection with Crime No. 191/2026 registered at Police Station, Pendra, District Gaurela-Pendra-Marwahi, for the offence punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution is that on 20.06.2026, at about 05:00 p.m., the complainant, father of the complainant, namely Sheikh Ishaq, son of Sheikh Sukhrulla, aged about 70 years, had gone to Pendra to procure medicines. While returning home, he boarded an auto-rickshaw bearing registration No. CG31C5718. At approximately 05:30 p.m., when the 2 said auto reached the main road near Soni Coaching Centre in Village Bandhi, a Mahindra XUV 3XO car bearing registration No. CG10BY7993 approached from the Pendra side. The applicant/accused despite being fully aware that the said road is a busy public road and that driving at high speed could endanger human life, deliberately and recklessly drove the vehicle in a rash and negligent manner while under the influence of alcohol. He drove the car at a high speed and hit the aforesaid auto-rickshaw from behind. Due to the impact, the auto- rickshaw overturned, and Sheikh Ishaq along with other passengers fell onto the road. As a result of the collision caused by the driver of the car, Sheikh Ishaq sustained grievous injuries on his face and head, and other passengers also suffered injuries. With the assistance of passersby, the injured were taken to the District Hospital, Gaurela, where upon examination, the attending doctor declared Sheikh Ishaq dead. It is alleged that the applicant/accused knowingly and intentionally caused the accident by driving the vehicle in a drunken and rash manner, thereby causing severe injuries leading to the death of the complainant's father. The incident was witnessed by Asif Suhail, Dinesh Kumar, and other passersby, who have seen, heard, and are aware of the occurrence. 3. Mr. Amarnath Pandey, learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. In fact, on the fateful day on, the applicant / accused was driving his vehicle from Pendra towards Kotmi a straight and sufficiently wide road, maintaining a normal speed of approximately 70-80 km/h and exercising due care and caution. Near Durga Mandir, in front of Soni Coaching Centre at Village Bandhi, the auto-rickshaw involved in the incident moving ahead of the applicant suddenly switched lanes and abruptly 3 applied brakes in the middle of the road, without any warning, thereby creating an unavoidable situation. Despite making all possible efforts to control his vehicle and avoid the collision by applying brakes, the applicant's vehicle's front tyer's axel broke due to which the vehicle lost balance and overturned on the road. It is pertinent to note that the auto- rickshaw did not suffer any substantial damage, which clearly indicates the absence of any forceful or intentional impact. The accident, therefore, was purely accidental in nature and occurred due to the sudden and negligent act of the auto-rickshaw driver, without any intention, knowledge, or rashness attributable to the applicant/accused. The auto-rickshaw remained upright even after the impact. Had the applicant/accused's vehicle collided with the auto-rickshaw at such a high speed, the auto-rickshaw would not have remained upright and would have been thrown at least 40-50 feet away from the applicant's vehicle. However, as a matter of fact, after the accident, the auto- rickshaw was found to be only about 5-10 feet away from the applicant's vehicle. 4. Mr. Pandey further submits that at the time of the incident, the auto- rickshaw was carrying approximately 8 passengers including the deceased, an elderly person aged about 70 years, who was seated beside the driver. The deceased did not suffer any direct fatal injury from the alleged impact, rather, he fell during the incident and is believed to have suffered a cardiac arrest (heart attack), which led to his unfortunate demise. The driver of the auto-rickshaw was inexperienced and was operating the auto-rickshaw only for last 5-10 days, further, he did not possess a valid driving license, and was driving negligently by suddenly stopping the vehicle in the middle of a busy road, thereby endangering the lives of passengers and other road users. The allegation that the 4 applicant was driving under intoxication is baseless and made-up. Immediately after the incident, the applicant did not flee from the spot. On the contrary, he remained present at the place of occurrence, and it was the local crowd who rescued him rather than beating him. The bystanders themselves acknowledged that the auto-rickshaw driver had stopped the vehicle abruptly without justification. The conduct of the applicant clearly demonstrates his bona fides, as he neither attempted to abscond nor evade responsibility, and fully cooperated in the aftermath of the incident. The applicant is a Government Servant (Assistant Grade-III), thereby having strong roots in society, and there is no likelihood of his absconding. Further, he has no criminal antecedents. The applicant is a duly licensed driver holding a valid driving license, and the vehicle in question is duly insured, which further establishes that he was legally authorized to drive and was complying with statutory requirements. The applicant undertakes to cooperate with the investigation and trial and shall abide by any conditions imposed by this Hon'ble Court. Hence, it is prayed that the applicant be granted anticipatory bail. 5. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that though the applicant possesses a valid driving licence, and has no criminal antecedents, but his reckless driving has caused death of an innocent person and as such, the applicant is not entitled to be granted the benefit of anticipatory bail and the present applicant be rejected. 6. I have heard learned counsel for the parties, perused the case diary and the material available on record. 7. As per the prosecution case, the applicant, while driving a Mahindra XUV 3XO on a public road, allegedly under the influence of alcohol and 5 in a rash and negligent manner, hit the auto-rickshaw carrying several passengers from behind, resulting in the death of one passenger, namely Sheikh Ishaq, aged about 70 years, besides causing injuries to other occupants. Though the learned counsel for the applicant has attempted to contend that the accident occurred due to the sudden application of brakes by the auto-rickshaw driver and that the deceased succumbed to a cardiac arrest after falling from the vehicle, such submissions relate to the issues which cannot be adjudicated at this stage while considering an application for anticipatory bail. The defence sought to be projected by the applicant can be examined only during the course of trial on the basis of evidence led by the parties. The allegations against the applicant are serious in nature. The case diary reveals prima facie material indicating that the accident resulted in the death of one person and injuries to other passengers. 8. The investigation is still in progress and the exact manner in which the incident occurred, including the circumstances relating to the alleged intoxication of the applicant, is yet to be thoroughly investigated. At this stage, grant of anticipatory bail may adversely affect the course of investigation. Considering the gravity and nature of the accusation, the manner in which the offence is alleged to have been committed, without expressing any opinion on the merits of the case, this Court is not inclined to grant anticipatory bail to the applicant. 9. Accordingly, the anticipatory bail application deserves to be and is hereby dismissed. Sd/- (Ramesh Sinha) CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.10 17:58:12 +0530