1 CGHC010299752026 2026:CGHC:36357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1277 of 2026 Devesh Rathour S/o Shri Bohit Rathour, Aged About 23 Years R/o Village Kirari Tahsil Sakti Distt- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Chowki Kharsiya, Distt- Raigarh (C.G.) (Also Mentioned In The Impugned Order As C.G. Govt. P.S. Kharsiya) ... Non-Applicant For Applicant : Shri Ajay Ayachi, Advocate. For Non-Applicant : Shri Sangharsh Pandey, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.184/2026, registered at Police Station Kharsiya, Raigarh, District Raigarh (C.G.) for alleged commission of offence punishable under Sections 106 (1), 125 (a), 125 (b), 105 & 281 of KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.17 16:04:15 +0530 2 the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and under Section 185 of the Motor Vehicles Act. 2. As per the case of the prosecution, the complainant has lodged a report with the concerned Police Station on 20.4.2026 stating that on the same date in the morning, his younger brother Hemsagar was returning home on a scooter after completing training. Near Madanpur Main Road, towards Basamuda, the driver of vehicle No. CG 11 AX 1187 drove rashly and negligently and caused an accident, due to which his younger brother died on the spot. The said driver also hit Dwarka Prasad Rathore, a cyclist from village Thuskela, causing him grievous injuries. He has been admitted to Padmawati Hospital for treatment. On the basis of this, Crime No. 184/2026 was registered at Police Outpost Kharsia, District Raigarh, under Sections 281, 125(A), 106(1) of the Bharatiya Nyaya Sanhita (BNS), and the case was taken up for investigation. During investigation, since the accident was caused by driving the vehicle at high speed under the influence of alcohol, Sections 125(B), 106(1), 105 of BNS and Section 185 of the Motor Vehicles Act were added. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the applicant is Assistant Teacher in Atmanand School, Korba and has no criminal antecedents at all. This is the first offence alleged against him. Initially offence under Section 106(1), 125(a) and 281 of BNS were registered against 3 unknown person and on appearance of the applicant before the police, he was set free. However, later on, to make the offence graver, Sections 125(B), 106(1) and 105 of BNS and Section 185 of Motor Vehicles Act were added. The applicant has been a meritorious student. He has never been into any illegal activities. Arrest of the applicant would cause irreparable harm to his reputation, liberty, and livelihood, which is protected under Article 21 of the Constitution of India. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that he had driven the vehicle rashly and negligently because of which accident occurred in which younger brother of the complainant died on the spot and he has also hit one Dwarka Prasad Rathore, a cyclist, causing him grievous injuries, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Devesh Rathour, involved in Crime No.184/2026, registered at Police Station Kharsiya, Raigarh, District Raigarh (C.G.) for alleged commission of offence punishable under Sections 106 (1), 4 125 (a), 125 (b), 105 & 281 of the Bharatiya Nyaya Sanhita, 2023 and under Section 185 of the Motor Vehicles Act, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice Barve