1 CGHC010180242026 2026:CGHC:32126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4281 of 2026 Kunjbihari S/o Ashrafi Lal Aged About 37 Years R/o Present Address - Kavita Rice Mill, Gram - Hatband, Distt Balodabazar, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station Hatband, District - Balodabazar Chhattisgarh (In The Certified Copy Of Bail Order Written As State Of C.G. Bhatapara) ... Non-applicant For Applicant : Mr. Aakash AAhuja, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.07.2026 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. 53/2026, registered at Police Station – Hatband District - Balodabazar (C.G.) for the offence punishable under Section 105 and Section 238 of the BNS and Section 184 of the Motor Vehical Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.28 12:32:38 +0530 2 2. The case of the prosecution, in brief, is that on the basis of the report lodged by complainant Kishore Kumar Baghel, Police Station Hathband registered the present crime against the applicant. It is alleged that on the date of the incident, the applicant, Kunjbihari, while under the influence of alcohol, was driving trailer bearing registration No. CG-04 JC-9832 in a rash and negligent manner. It is further alleged that while proceeding from the Hathband side, the applicant abruptly turned the trailer towards the Bhaisa–Pausari road near Village Udhela without giving any hand signal or indicator, as a result of which the trailer collided with motorcycle bearing registration No. CG-04 NP-1942, on which Constable Dharmendra Yadav and Constable Prashantghar Diwan were travelling. Due to the impact of the collision, both the constables sustained fatal injuries and died on the spot. On the basis of the aforesaid allegations, the police registered the offence and, after investigation, charge-sheeted the applicant for the alleged offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to personal enmity and has not committed any offence as alleged by the prosecution. It is contended that there is no direct or cogent evidence connecting the applicant with the alleged offences punishable under Sections 105 and 238 of the Bharatiya Nyaya Sanhita, 2023, and Section 185 of the Motor Vehicles Act, and that no prima facie case is made out against him. It is further submitted that the prosecution case suffers from material inconsistencies and contradictions, and the evidence collected during the investigation is insufficient to establish 3 the applicant's guilt beyond reasonable doubt. Learned counsel further submits that a co-accused has already been granted bail by the learned Sessions Court, Balodabazar, and therefore the present applicant is also entitled to the benefit of bail on the ground of parity. It is also submitted that the applicant is 37 years of age, is in poor health requiring regular medical attention, and is the sole breadwinner of his family, whose continued incarceration would cause undue hardship to his dependents. Learned counsel submits that the applicant has only one previous criminal case, which has already been disposed of, and that he has been in judicial custody since 26.02.2026, therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and further taking into account that the charge-sheet has already been filed before the competent Court, the applicant has no criminal antecedents, the applicant has remained in judicial custody since 20.02.2026, and the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the present applicant, without expressing any opinion on the merits of the case. 7. 7. Let applicant, Kunjbihari, involved in Crime No. 53/2026, registered at Police Station – Hatband District - Balodabazar (C.G.) for the offence punishable under Section 105 and Section 238 of the BNS 4 and Section 184 of the Motor Vehical Act, be released on bail on furnishing personal bond with two local 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of Six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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 vaibhav