1 CGHC010176692026 2026:CGHC:30724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4106 of 2026 1 - Umashankar Nirmalkar, S/o Sukhdev Nirmalkar Aged About 25 Years Village Purana Bajar Chowk Saheb Ashram Ke Pas Bhanpuri Tah. and P. S. Arjunda Dist. - Dhamtari (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through P.S. Balod, Dist, Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ramsahay Songende, Advocate For Respondent(s)/State : Ms. Monika Singh Thakur, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail to the applicant, who has been arrested in connection RUCHI YADAV Digitally signed by RUCHI YADAV 2 with Crime No. 167/2026 registered at Police Station Balod, District Balod (Chhattisgarh), for the offences punishable under Sections 281, 125(a) and 105 of the Bharatiya Nyaya Sanhita, 2023, and Sections 185, 39 read with 192(1), and 66 read with 192A(1) of the Motor Vehicles Act, 1988. 2. As per the prosecution case, the applicant, after allegedly consuming alcohol, was driving a Matador vehicle carrying several passengers. It is alleged that the applicant drove the vehicle in a rash and negligent manner, as a result of which the vehicle overturned. The accident caused injuries to twenty-one occupants of the vehicle, while one occupant succumbed to the injuries sustained in the incident. On the basis of the aforesaid allegations, the present crime was registered against the applicant for the offences in question. 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 applicant was driving the vehicle with due care and caution and that the accident occurred on account of ongoing road construction work, as mud accumulated on the road allegedly caused the vehicle to lose balance and overturn. It is further submitted that the incident was purely accidental and devoid of any criminal intent or mens rea on the part of the applicant. It is also submitted that the applicant is in judicial custody since 17.04.2026 and, as the trial is likely to take considerable time to conclude, he deserves to be enlarged on 3 regular bail. Accordingly, it is prayed that the bail application be allowed. 4. Per contra, learned State counsel opposes the bail application and submits that considering the nature and gravity of the offence and the material available in the case diary, the applicant is not entitled to the grant of regular bail. Accordingly, it is prayed that the bail application be dismissed. 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 the allegations, the fact that the incident appears to have arisen out of a motor vehicle accident, the period of custody undergone by the applicant since 17.04.2026 and the fact that the trial is likely to take considerable time to conclude and without expressing any opinion on the merits of the case, I am inclined to allow the present bail application. Accordingly, the application is allowed. 7. Let the Applicant – Umashankar Nirmalkar involved in Crime No.- 167/2026 registered at Police Station Balod, District Balod (Chhattisgarh), for the offences punishable under Sections 281, 125(a) and 105 of the Bharatiya Nyaya Sanhita, 2023, and Sections 185, 39 read with 192(1), and 66 read with 192A(1) of the Motor Vehicles Act, 1988, be released on bail on furnishing 4 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 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. 5 (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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi