1 2026:CGHC:16154 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 778 of 2026 Shyam Lal Kosare S/o Shri Suganudas Kosare Aged About 28 Years R/o 136, Block No. 3, Ward No. 1, Khamharia, Jeevra Sirsa, P.S. Pulgaon, District Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Pulgaon, District Durg, Chhattisgarh ... Non-applicant For Applicant : Mr. Amrito Das, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 639/2025, registered at Police Station - Pulgaon District - Durg (C.G.) for the offence punishable under Sections 105(2) BNS, 2023 read with Section 184 & 185 of the Motor Vehicle Act, 1988. 2. The case of the prosecution, in brief, is that on 16.12.2025, a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.10 11:30:37 +0530 2 complaint regarding road accident near Jalaram Vatika, Pulgaon Road was received by the Assistant Sub Inspector Shri Subhash Kumar posted at Police Station Pulgaon. Upon reaching the spot and inquiring the people nearby an information was received that two injured persons have been rushed to the nearby District Hospital Durg in 108 Ambulance. After further investigation it was brought to the knowledge of the ASI that the deceased Chandrashekhar Yadav along with one of his companion / complainant Topendra Kumar Sahu were heading towards Durg for personal work on a bicycle wherein at around 7:30 PM in the evening, near Jalaram Vatika, Pulgaon Road, a high speeding vehicle bearing registration number CG07CW1128 hit them from behind which was driven by the present applicant due to which the rider of the bicycle Chandrashekhar Yadav incurred multiple fatal injuries on his body ultimately causing his death and the complainant Topendra Kumar Sahu also incurred certain injuries on his body. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. It is further submitted that the applicant was not driving the vehicle in a negligent manner and the accident occurred due to the carelessness of the bicyclist who suddenly came in front of the vehicle being driven by the applicant. A false and fabricated report has been prepared against the applicant and no negligence can be attributed to him in any manner. It is also submitted that there is no conclusive proof to establish that the applicant was intoxicated or under the influence of alcohol at the time of the alleged accident. The applicant has not committed any offence 3 and has been unnecessarily implicated in the present matter. It is further submitted that the prosecution has cited a large number of witnesses and, therefore, the conclusion of the trial is likely to take considerable time. The applicant is ready to furnish adequate surety and shall abide by all the terms and conditions which may be imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature of allegations, the fact that the accident is alleged to have occurred on account of rash and negligent driving, as well as the fact that the charge-sheet has already been filed before the competent Court, and further considering that the applicant has remained in judicial custody since 17.12.2025 and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Shyam Lal Kosare, involved in Crime No. 639/2025, registered at Police Station - Pulgaon District - Durg (C.G.) for the offence punishable under Sections 105(2) BNS, 2023 read with Section 184 & 185 of the Motor Vehicle Act, 1988, 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 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav