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2026 DAILYLAW 34267 (CHH)

DEEPAK KUMAR ANANT v. STATE OF CHHATTISGARH

MCRC/8116/2026 · 2026-09-01

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Judgment text

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1 CGHC010336382026 2026:CGHC:38828 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8116 of 2026 Deepak Kumar Anant S/o Jagdish Prasad Anant Aged About 34 Years R/o L I G- 01/84, Dhacha Bhawan, Kurud, Police Station, Jamul, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Jamul, District- Durg (C.G.) ... Non-Applicant(s) For Applicant : Mr. Virendra Kashyap, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 418/2026, registered at Police Station Jamul, District Durg (C.G.) for the offences punishable under Sections 105 and 110 of the Bhartiya Nyaya Sanhita, 2023 and Sections 146/196, 3/181, 5/180 and 184 of the Motor Vehicles Act. 2. The prosecution story, in brief, is that on 16.06.2026 at about 5:30 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 p.m., Shivdayal Kashyap was returning on his bicycle after visiting a construction site when, near Siskol Company, Rajiv Nagar, he was allegedly hit by a Tata Ace vehicle bearing registration No. CG-07/CY-5936. It is alleged that the applicant, who was driving the said vehicle, was driving it in a rash and negligent manner and caused the accident, as a result of which Shivdayal Kashyap sustained serious injuries on his head, hands and legs and succumbed to the injuries at the spot. On the basis of the report lodged by Umesh Kashyap, Crime No. 418/2026 was initially registered at Police Station Jamul for the offences punishable under Section 106 of the Bhartiya Nyaya Sanhita and Section 184 of the Motor Vehicles Act. During investigation, Sections 105 and 110 of the Bhartiya Nyaya Sanhita and Sections 146/196, 3/181 and 5/180 of the Motor Vehicles Act were added. It is further alleged that the offending vehicle was not covered by a valid insurance policy and the applicant was not possessing a valid driving licence. The applicant was arrested on 18.06.2026 and after completion of investigation, the charge-sheet was filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged incident was a road traffic accident and there is no allegation of any previous enmity, motive or intentional act on the part of the applicant to cause the death of the deceased. It is further submitted that the FIR was initially registered under Section 106 of the BNS and Section 184 of the Motor Vehicles Act 3 and Sections 105 and 110 of the BNS were subsequently added during investigation. Learned counsel further submits that the investigation has been completed and the charge-sheet has already been filed before the competent Court; therefore, no further custodial interrogation of the applicant is required. The applicant has no criminal antecedents and has been in custody since 18.06.2026. It is also submitted that trial is likely to take some time for its conclusion therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant, while driving the offending Tata Ace vehicle in a rash and negligent manner, caused an accident resulting in serious and fatal injuries to Shivdayal Kashyap, who died at the spot. He further submits that the offending vehicle was not covered by a valid insurance policy and the applicant was not possessing a valid driving licence at the relevant time. However, he does not dispute that the investigation has been completed, the charge-sheet has been filed before the competent Court and the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant and further considering that the alleged incident arose out of a road traffic accident, the applicant has no criminal antecedents, the investigation has been completed and the charge-sheet has already 4 been filed before the competent Court and further considering the period of detention of the applicant since 18.06.2026, coupled with the fact that the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Deepak Kumar Anant, involved in Crime No. 418/2026, registered at Police Station Jamul, District Durg (C.G.) for the offences punishable under Sections 105 and 110 of the Bhartiya Nyaya Sanhita, 2023 and Sections 146/196, 3/181, 5/180 and 184 of the Motor Vehicles Act, be released on bail on his furnishing a 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 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 5 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. 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 Kunal