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2026 DAILYLAW 3594 (CHH)

PUKHRAJ JOSHI v. STATE OF CHHATTISGARH

MCRC/3060/2026 · 2026-04-05

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1 2026:CGHC:15576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3060 of 2026 Pukhraj Joshi Aged About 42 Years S/o Sitaram Joshi R/o New Karan Nagar, Changorabhata, Ward No. 68, Dr. Khoobchand Baghel Ward, Dharsiva, Raipur, District- Raipur, (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Singhoda, District- Mahasmaund, (C.G.) ... Respondent For Applicant : Shri Ahmed Ayaan Mirza, Advocate. For Respondent/State : Shri Sourabh Sahu, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/04/2026 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.4/2026 registered at Police Station Singhoda, District- Mahasamund (CG) for the offence punishable under Sections 125(a), 110, 287, 3(5) of B.N.S., 2023 and Section 3, 7 Essential Commodities GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.07 14:54:09 +0530 2 Act, 1955 and Section 8(b) N.H. Act and Section 4 Prevention of Damage to Public Property Act, 1984. 2. Case of the prosecution, in brief, is that on 13.01.2026 complainant Jadhav Pradhan S/o- Rohit Pradhan lodged the report and complained that due to negligence in work and careless handling of inflammable material by the driver of the pickup vehicle no. CG 04 PZ 9485, Shailendra Singh Chouhan, his companion Vikas Chourasiya, the owner of the vehicle Manish Nabariya and others, the Gas Tank caught fire and exploded, causing a huge loss of life and property to the people travelling on the National Highway, vehicles, people living in nearby houses and shops, and causing damage to the road infrastructure of the National Highway. Due to which traffic on the National Highway was disrupted for about 06-07 hours. Based on the written complaint made by the complainant a FIR was registered against the accused persons under the crime no. 4/2026 by the police station Singhoda, District Mahasamund (C.G.) 13.01.2026 for the offences punishable U/s 125(a), 110, 287, 3(5) of the Bharatiya Nyay Sanhita 2023 and the matter was taken under investigation. During the course of investigation Section 3, 7 Essential Commodities Act, 1955 and Section 8(b) N.H. Act and Section 4 Prevention of Damage to Public Property Act, 1984 was also added and after completion of the investigation challan bearing no. 14/2026 was filed on 10.03.2026 before the learned JMFC Court Saraipali, District Mahasamund (C.G.). 3. Learned counsel for the applicant submits that the present applicant is innocent person and has falsely been implicated in this case. He would submit that the FIR was lodged against 03 accused persons namely 3 Shailendra Singh Chouhan, Vikesh Chourasiya and Manish Nabariya, who are supposed to be the Driver, conductor and the owner of the alleged vehicle in question and the applicant has been made as an accused in the present crime only on the basis of memorandum statement of accused vehicle Driver Shailendra Singh Chouhan. He would submit that the co-accused namely Shailendra Singh Chouhan who is alleged to be the Driver of the Pickup vehicle has been granted anticipatory bail by this Court vide its order dated 09.02.2026 passed in MCRCA No. 201/2026. He would further submit that one of the co- accused namely Devilal Joshi has been granted regular bail by this Court vide its order dated 17.03.2026 passed in MCRC No.1549/2026. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 15/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application but he do not dispute the fact that co-accused persons have been granted bail by this court. He would submit that the applicant has no criminal antecedents. 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 of allegation levelled against the applicant, further the fact that co-accused Shailendra Singh Chouhan has been granted anticipatory bail by this Court vide its order dated 09.02.2026 passed in MCRCA No.201/2026 & co-accused namely Devilal Joshi has been granted regular bail by this Court vide its order dated 17.03.2026 passed in 4 MCRC No.1549/2026, period of detention of the applicant since 15/01/2026, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Pukhraj Joshi, involved in Crime No.4/2026 registered at Police Station Singhoda, District- Mahasamund (CG) for the offence punishable under Sections 125(a), 110, 287, 3(5) of B.N.S., 2023 and Section 3, 7 Essential Commodities Act, 1955 and Section 8(b) N.H. Act and Section 4 Prevention of Damage to Public Property Act, 1984, 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 5 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri