1 CGHC010310712026 2026:CGHC:38423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7971 of 2026 Ajay Singh Chauhan S/o Chaksingh Chouhan, Aged About 31 Years R/o Village Pataidhih Post Pachpedhi Police Station Masturi, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Pachpedhi District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Hemant Gupta, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/08/2026 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. 205/2026 registered at Police Station Pachpedhi District- Bilaspur (C.G.) for the offence punishable under Sections 125(A), 281 and 105 of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 11.07.2026, the complainant, Chandra Prakash Sriwas, lodged a written report at Police Station Masturi, District Bilaspur, stating that on 09.07.2026, his father, Banshi Lal Sriwas, along with his friend, Baran Bhanu, was proceeding towards Malhar on a scooty bearing registration No. CG-22-AE-0512. At that time, a Hywa truck bearing registration No. CG-22-J-8196 allegedly dashed against their scooty, resulting in a serious accident. Both injured persons were initially admitted to the local CHC and thereafter referred to CIMS Hospital, Bilaspur. Baran Bhanu succumbed to his injuries on 10.07.2026, whereas Banshi Lal Sriwas was further referred to Ram Care Hospital, where he is undergoing treatment. On the basis of the said report, Crime No. 266/2026 was registered at Police Station Masturi, District Bilaspur, for the offences punishable under Sections 281, 125(a) and 105 of the Bharatiya Nyaya Sanhita, 2023, against the accused/applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the actual facts are that the applicant was driving the offending vehicle on his proper side of the road. However, due to dark conditions, Banshi Lal and Baran Bhanu suddenly turned their scooty towards the wrong side of the road, resulting in the unfortunate accident and injuries sustained by them. He also submits that the incident was purely 3 accidental and unfortunate. The offending vehicle was duly insured, and the applicant was holding a valid driving licence authorizing him to drive a heavy motor vehicle. The applicant is in jail since 21.07.2026, the applicant has only one criminal antecedent of the year 2025 under the BNS, charge-sheet has been filed 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 filed in the present case. She further submits that the applicant, while driving the Hywa truck rashly and negligently, dashed against a scooty, resulting in the death of Baran Bhanu and injuries to Banshi Lal Sriwas. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 21.07.2026, the fact that though the applicant, while driving the Hywa truck rashly and negligently, dashed against a scooty, resulting in the death of Baran Bhanu and injuries to Banshi Lal Sriwas, but considering the fact that the applicant has only one criminal antecedent, which is of the year 2025 under the BNS and charge-sheet has been filed, this Court is of the view that the 4 applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Ajay Singh Chauhan, involved in Crime No. 205/2026 registered at Police Station Pachpedhi District- Bilaspur (C.G.) for the offence punishable under Sections 125(A), 281 and 105 of BNS, 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil