1 2026:CGHC:15100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2873 of 2026 Denis Minj (Accused) S/o Shri Ajay Minj Aged About 19 Years R/o Uparpara, Viillage Gorakhnathpur, Post O-ce Bishrampur, Police Station And Tahsil Bishrampur, District Surjpur (Chhattisgarh) Pin 497226. ... Applicant versus State of Chhattisgarh Through The - S.H.O. Of The Sakri District Bilaspur, Crime No. 22/2026, P.S. Sakri, Tahsil Sakri, District Bilaspur (Chhattisgarh) ... Non-Applicant For Applicant : Mr. Vijay K. Deshmukh, Advocate For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.04.202 6 1. This is the <rst bail application <led 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. 22/2026 registered at Police Station- Sakri, Tahsil Sakri, District Bilaspur, (C.G.) for the oAence punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story, in brief, is that on the date of incident i.e. 05.01.2026 at about 6:30 PM on Kota Main Road, an accident was allegedly caused by the present applicant/accused while driving his motorcycle bearing registration No. OD/10/AS/3268 in a rash and negligent manner, as a result of which the deceased Urmila and her daughter Manya sustained multiple grievous injuries, they were immediately taken to District Hospital, Bilaspur, where, upon examination, both were declared dead by the attending doctor. It is further alleged that the accused has committed an oAence punishable under Section 105 of the BNS, pursuant to which Police Station Sakri registered Crime No. 22/2026 on the same date, and the applicant was subsequently arrested on 07.01.2026. After completion of the investigation, the charge-sheet has been <led on 06.03.2026, and the case is presently pending for committal before the trial Court. Hence, the present bail application. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the instant case. It is contended that the concerned Police Station has not conducted a fair and proper investigation of the actual incident, inasmuch as the applicant himself sustained injuries due to being hit by a white colour Scorpio car, however, no mention of the said vehicle is made in the charge-sheet (Annexure A/3) or in the medical report of CIMS Bilaspur (Annexure A/4). It is further submitted that the entire prosecution story is fabricated in order to shield the driver of the said Scorpio car, despite the fact that the applicant and his friends had lodged a complaint before Police 3 Station Sakri, on which no action was taken. He further submits that at the time of the incident, the applicant along with his classmates was travelling lawfully on motorcycles in accordance with the Motor Vehicles Act, along with other students, namely Denis with Priyanshu Tirkey, Roshandeep Toppo with Nishchay Khet, and Sahil Lakra with Ashish Ekka, all being students of CMD College, Atal Bihari University and C.V. Raman College, when the said Scorpio car dashed against the applicant’s motorcycle, causing it to become unbalanced, as a result of which the applicant and his pillion rider fell on the road and sustained injuries, however, ignoring these material aspects and the CCTV footage available at Police Station Sakri, a false FIR has been registered against the applicant. It is also submitted that though the applicant was arrested on 07.01.2026 in connection with Crime No. 22/2026 under Section 105 of BNS and the charge-sheet has been <led, the investigation is defective as the statements of material eye-witnesses have not been properly recorded and no inquiry has been conducted regarding the involvement of the said Scorpio vehicle. He further submits that the applicant was taken by ambulance and medically examined at CIMS Bilaspur, which corroborates his injuries, and that he is a student of CMD College, Bilaspur, holding a valid driving licence (Annexure A/5), having no intention to cause the death of the deceased persons. He further submits that the applicant has been in jail since 07.01.2026, and has no previous criminal antecedents, the charge-sheet has been <led and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 4 bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant has committed a serious oAence resulting in the death of two persons due to his rash and negligent driving, and the allegations against him are duly supported by the material collected during investigation. It is further submitted that the charge-sheet has already been <led after due investigation and there is su-cient evidence available on record against the applicant. It is also contended that the defence taken by the applicant regarding involvement of a white colour Scorpio car is an afterthought and is not substantiated by any reliable evidence on record, and considering the gravity of the oAence and its serious consequences, the applicant does not deserve to be enlarged on bail at this stage. 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 particularly that the incident in question appears to be an accidental one arising out of a road tra-c accident, though it is true that the unfortunate death of the deceased Urmila and her daughter has occurred, however, at this stage there is no material to indicate any intention on the part of the applicant to cause such death. Further considering the fact that the applicant is in jail since 07.01.2026, the charge-sheet has already been <led, the applicant is a student, has no criminal antecedents, and the trial is likely to take considerable 5 time for its conclusion. In view of the aforesaid facts, this Court is of the opinion that the applicant deserves to be enlarged on bail, without commenting on the merits of the case. 7. Accordingly, the bail application is allowed. 8. Let the Applicant – Denis Minj, involved in Crime No. 22/2026 registered at Police Station- Sakri, Tahsil Sakri, District Bilaspur, (C.G.) for the oAence punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 <le an undertaking to the eAect that he shall not seek any adjournment on the dates <xed 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 <xed, either personally or through his counsel. In case of his absence, without su-cient 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 6 the date <xed 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 <xed 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 su-cient 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. O-ce is directed to provide a certi<ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan