1 2026:CGHC:18768 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2460 of 2026 Ajay Anchal S/o Rajkumar Anchal Aged About 23 Years R/o Village - Mohtara Police Station - Masturi District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- Police Station Torva, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Anand Kesharwani, Advocate For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2026 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. 58/2026 registered at Police Station- Torva, District- Bilaspur, (C.G.) for the offence punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the informant, Harishchandra Sahu, lodged a report at the concerned police station stating that his son, who was working as a tiles mechanic, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 was returning home from Bilaspur on his motorcycle bearing registration No. CG 10 V 6274, and at about 14:35 hours, when he reached near Lalkhadan Over Bridge, a Hiwa driver, despite knowing that it was a no-entry period, drove the vehicle on a busy road in a rash and negligent manner and dashed the motorcycle from behind, due to which his son sustained grievous injuries on his nose, left foot and other parts of the body, and subsequently succumbed to the injuries at C.I.M.S. Hospital, Bilaspur; on the basis of the said report, an offence under Section 105 of the B.N.S. was registered against the accused, who was arrested on 10.02.2026 and is in custody since then. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the alleged incident occurred without any deliberate or intentional act on the part of the applicant and there was no motive to cause such accident, rather the same appears to be an unfortunate incident. He further submits that the present applicant has no previous criminal antecedents, the charge-sheet has been filed before the competent Court, he is in jail since 10.02.2026, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that the applicant, 3 being the driver of the offending Hiwa vehicle, drove the same in a rash and negligent manner despite the no-entry restriction and dashed the motorcycle from behind, resulting in the death of the deceased. It is further submitted that considering the serious nature of the offence and the manner in which the incident occurred, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, though the allegation against the applicant is of causing the accident by driving the offending vehicle in a rash and negligent manner resulting in the death of the deceased, but this Court takes note of the fact that the incident appears to be without any premeditation or intention, further the applicant is languishing in jail since 10.02.2026, he has no previous criminal antecedents, and the charge-sheet has been submitted before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Ajay Anchal, involved in Crime No. 58/2026 registered at Police Station- Torva, District- Bilaspur, (C.G.) for the offence punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court 4 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 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 5 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 Rahul Dewangan