1 CGHC010336022026 2026:CGHC:38600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8048 of 2026 Bhola Yadav S/o Bhim Yadav Aged About 24 Years R/o Kailash Nagar, Titurdih, Durg, Kandara Para, Tehsil And District- Durg, (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S.- Bori, District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. Aman Tamrakar, Advocate For Non-Applicant/State : Mr. Sumit Singh, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 41/2026 registered at Police Station- Bori, Durg, District- Durg, (C.G.) for the offence punishable under Section 110 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 26.04.2026, while returning from Village Madiapar, bus bearing registration No. CG-08-AV- 4100, being driven by the applicant/driver Bhola Yadav, was RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 allegedly driven in a rash and negligent manner and at an excessive speed, resulting in an accident in which 19 passengers sustained injuries. On the basis of the complaint lodged by the applicant/complainant Devendra Yadav, Crime No. 41/2026 was initially registered at Police Station Bori for offences punishable under Sections 281 and 125(A) of the Bharatiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act. During investigation, the statements of the witnesses were recorded, wherein it was alleged that the driver had been repeatedly warned not to drive the bus at a high speed, but he failed to heed such warnings. It is further alleged that an empty liquor bottle was found in the driver’s cabin, giving rise to an apprehension that the driver had been driving the vehicle under the influence of alcohol. During the course of investigation, Section 110 of the Bharatiya Nyaya Sanhita was added, while the offence under Section 184 of the Motor Vehicles Act was deleted. The bus bearing registration No. CG-08-AV-4100 and the empty liquor bottle were seized during the investigation. Hence, the present bail application. 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 applicant is the sole earning member of his family and that no incriminating article has been seized from his exclusive possession. He further submits that the injuries sustained by the complainant/injured are simple in nature and there is no specific allegation establishing any intention or knowledge on the part of the applicant to cause death or such bodily injury as is likely to cause 3 death, which are essential ingredients for attracting Section 110 of the BNS. It is contended that the FIR was initially registered under Sections 281 and 125(A) of the BNS and Section 184 of the Motor Vehicles Act, and that Section 110 of the BNS was subsequently added during investigation. It is further submitted that mere occurrence of an accident or driving at a high speed, by itself, does not establish the requisite degree of rashness, negligence, intention or knowledge contemplated under Section 110 of the BNS. He submits that the applicant himself sustained serious injuries in the accident, informed the police about the occurrence and, as advised by the police, proceeded for medical treatment. Despite being under treatment, he did not abscond and voluntarily appeared before Police Station Bori on 22.06.2026 and cooperated with the investigation. He further submits that the present applicant has no previous criminal antecedent, the charge-sheet has been filed before the competent Court, he is in jail since 22.06.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. He further submits that the allegations against the applicant are serious in nature, as he was driving the passenger bus in a rash and negligent manner and at an excessive speed, resulting in an accident in which 19 passengers sustained injuries. It is further submitted that, during investigation, witnesses have stated that the applicant had been repeatedly warned not to 4 drive the bus at high speed, but he failed to heed such warnings. He also submits that an empty liquor bottle was recovered from the driver’s cabin, which raises a serious suspicion regarding the applicant’s condition while driving the vehicle. It is contended that, considering the number of injured passengers and the circumstances in which the accident occurred, the addition of Section 110 of the BNS is justified and the matter requires proper adjudication during trial. He submits that the defence taken by the applicant regarding the nature of injuries, the manner of driving and his medical condition are matters to be tested on the basis of evidence during trial and cannot be conclusively considered at the stage of bail. On these grounds, he prays for rejection of the bail application. 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 allegations and the material available on record, and the fact that though the allegation against the applicant is that he drove the passenger bus rashly and negligently at an excessive speed, resulting in an accident in which 19 passengers sustained injuries, and that an empty liquor bottle was found in the driver’s cabin, but also considering the fact that the injuries sustained by the injured persons are stated to be simple in nature, the applicant himself sustained injuries in the said accident and remained under medical treatment, the applicant has already cooperated with the 5 investigation, the charge-sheet has been filed and, he has no criminal antecedents and the applicant is languishing in jail since 22.06.2026 and the conclusion of the trial may take some more time, therefore, without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Bhola Yadav, involved in Crime No. 41/2026 registered at Police Station- Bori, Durg, District- Durg, (C.G.) for the offence punishable under Section 110 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 6 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. 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 Rahul Dewangan