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2026 DAILYLAW 37842 (CHH)

MUNDRUDDIN v. STATE OF CHHATTISGARH

MCRC/8843/2026 · 2026-09-30

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010369592026 2026:CGHC:42835 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8843 of 2026 1 - Mundruddin Son Of Ajijuddin Aged About 63 Years Resident Of Shastri Chowk, Kelabadi, Police Station And District Durg (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Pulgaon, District Durg (C.G.) --- Non-applicant For Applicant : Mr. Shashi Kumar Kushwaha, Advocate For Non-applicant : Ms. Monika Thakur, PL Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 01.10.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, he has been arrested in connection with Crime No.696/2026 registered at Police Station Pulgaon, District Durg (C.G.) for the offence under Sections 105 of BNS and 184 of Motor Vehicle Act. 2 2) Case of the prosecution, in brief, is that on 04.08.2026, at about 6:45 p.m., the deceased Shubham Sahu and his cousin brother Satish Sahu were going towards Manish Petrol Pump, Pulgaon, on a motorcycle. The present applicant, while driving a bus rashly and negligently, dashed against their motorcycle, as a result of which the deceased and his cousin brother fell down from the motorcycle and, subsequently, the deceased Shubham Sahu was crushed under the said vehicle. On such complaint, the police registered the offence as stated above. 3) Learned counsel for the applicant submits that there was no intention on the part of the applicant to cause the death of Shubham Sahu and the incident was an accident, as the deceased and his cousin brother fell down from the motorcycle and the deceased was subsequently crushed by the vehicle. It is further submitted that the present applicant has no criminal antecedents; he is in jail since 18.08.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4) On the other hand, learned State Counsel opposes the bail application and submits that the cousin brother of the deceased tried to stop the vehicle by raising his hands but the present applicant with the intention of causing death, caused bodily injuries to the deceased, who subsequently succumbed to death on account of injuries sustained by him. She would submit that the bail application deserves to be rejected. 5) I have heard learned counsel appearing for the parties and perused the case diary. 3 6) Having considered the fact that the deceased sustained injuries in a road accident and subsequently succumbed to death, at this stage, it cannot be presumed that there was a deliberate intention on the part of the present applicant to cause the death of the deceased. Further considering that the applicant has no criminal antecedents, the charge- sheet has been filed before the competent Court, the applicant is in jail since 18.08.2026, and the conclusion of the trial is likely to take some more time, this Court is of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7) 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 from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to 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 disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha