1 CGHC010220612026 2026:CGHC:36876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5325 of 2026 1 - Toshan Kashyap S/o Rameshwar Kashyap Aged About 34 Years R/o Village Gadhwat, Police Station Ratanpur, Bilaspur, District- Bilaspur (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through Police Station Ratanpur, Bilaspur, District- Bilaspur (C.G.) Respondent(s) For Applicant (s) : Mr. Tarun Dansena, Advocate For Respondent(s) : Ms. Palak Dwivedi, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.272/2026, registered at Police Station Ratanpur, District Bilaspur (C.G. for the offence punishable under Sections 105, 238 (B) & 125 (B) of BNS. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that on 09.04.2026 the applicant was driving the tractor, in which the deceased Amit Kashyap and Amit Amit Yadav were sitting but at Kosabadi he overturned the trolley rashly, upon which Amit Kashyap died, whereas Amit Yadav received serious injuries. Thereafter a case was registered against the applicant and he was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the applicant did not cause accident intentionally but due to overturning of the trolley the deceased died. He further submitted that the applicant is in jail since 10.04.2026, he has no criminal criminal antecedents, charge sheet has already been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the applicant has overturned the trolley rashly and negligently over the deceased as such he has committed serous offence and is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and for the fact that the applicant has 3 no criminal antecedents, the applicant is in jail since 10.04.2026, charge sheet has already been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Toshan Kashyap, involved in Crime No.272/2026, registered at Police Station Ratanpur, District Bilaspur (C.G. for the offence punishable under Sections 105, 238 (B) & 125 (B) of BNS, be released on bail on furnishing 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 their counsel. In case of their 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 4 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.” 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 Nirala