Extracted from the PDF above. The PDF is authoritative.
1
CGHC010341512026
2026:CGHC:41199
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8337 of 2026 * - Ajay Kumar Garudik S/o Shri Deonat Garudik Aged About 56 Years R/o Bamleshwari Colony, Near Nar Narayam Mandir Borsi, Police Station Padmanabhpur, District Durg (C.G.)
... Applicant Versus * - State Of Chhattisgarh Through Police Station -Pulgaon, District Durg (C.G.)
... Non-Applicant For Applicant : Mr. Arvind Shrivastava, Senior Advocate with Mr. Indrajeet Singh Thakur, Advocate For Non-Applicant/State For Complainant : : Mr. Jitendra Shrivastava, Govt. Advocate Mr. Animesh Verma, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22/09/2026
1. The applicant has preferred this first bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 as he is in jail since 11.08.2026 in connection with Crime No. 711/2026 registered in Police Station – Pulgaon, District Durg (CG) for commission of offence punishable under Sections 110 of BNS and Sections 184, 185 & 190(2) of the Motor Vehicles Act, 1988. 2. As per prosecution story, on 10.08.2026 at about 22:15 hours near Pulgaon Chowk, the applicant intentionally dashed the injured- Vijay Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.22 18:07:15 +0530
2 Vaishnav using his Car bearing registration No. CG-04/ HJ- 9238 and resultantly the injured sustained 06 injuries. 3. Mr. Arvind Shrivastava, learned Senior Advocate appearing for the applicant would argue that the injured sustained injuries in an accident and it was not deliberate or intentional. He would contend that formally F.I.R. was registered under Section 109(1) of BNS, but after going through video-clip, it was substituted under Section 110 of BNS which deals with attempt to commit culpable homicide. Mr. Shrivastava, Senior Advocate would submit that in the present case charge-sheet has been filed, the applicant is in jail since 11.08.2026 and the injuries sustained by injured are simple in nature. Thus, he would pray to release the applicant on regular bail. 4. On the other hand, Mr. Jitendra Shrivastava, learned Government Advocate appearing for the State/non-applicant would oppose. He would submit that as per allegation made in the F.I.R. and the statement of the complainant/injured, the present applicant intentionally dashed the injured using his Car. He would admit the fact that charge- sheet has already been filed and the injuries sustained by the complainant/injured are simple in nature. 5. Mr. Animesh Verma, learned Advocate appearing for the complainant would support the contention made by learned Senior Advocate.
6. I have heard learned counsel for the parties and perused the case diary. 7. Having considered the fact that police during investigation substituted Section 109(1) of BNS with Section 110 of BNS as there was no intention of the present applicant to commit culpable homicide and the injuries sustained by the complainant/injured are simple in nature,
3 charge-sheet has already been filed and the applicant is in jail since11.08.2026, I am inclined to release the applicant on regular bail. Accordingly, the bail application of the applicant is allowed. 8. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- I. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court; II. He shall not act in any manner which will be prejudicial to a fair and expeditious trial; III. He shall appear before the trial Court on each and every date given to him by the said Court till the disposal of the trial; and, IV. He shall not involve himself in any offence of a similar nature in future. 9. The observation made in the course of this order is only for considering the case of the applicant on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 10. Certified copy as per rules. Sd/-
(Rakesh Mohan Pandey)
Judge vatti