Anticipatory bail granted under Section 482 due to lack of harm intention and responsible actions post-accident.

Order On Board

20.05.2025

1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.167/2025, registered at Police Station – Chakradhar Nagar, District Raigarh (C.G.), for the offence punishable under Sections 125(A) & 105 of the Bharatiya Nyaya Sanhita, 2023.

2. Case of the prosecution in brief are that the deceased Tanmay Gupta alongwith his parents were going towards the river for bathing on the motorcycle bearing registration no.CG/13/M/7846. On the way near, near the village Kukurda, Raigarh, present applicant while driving the white Swift Dzire bearing registration No.CG-13-AJ-9903 at high speed dash the motorcycle from back side, due to which, deceased and his parents fell down and suffered grievous injuries. Deceased Tanmay Gupta died during treatment at Hospital. Based upon report, FIR was registered against the applicant for the aforementioned offence.

3. Learned counsel for the applicant submits that the offence under Section 105 of the BNS is baseless as the applicant had no intention to cause the injury to the deceased or his parents or knowledge that his driving would cause death of deceased. The alleged accident took place due to negligence on the part of the rider of the alleged motorcycle, therefore, offence would be under Section 106 of the BNS. The applicant ensured the immediate medical assistance and also bear the victims' medical expenses. Hence, it is prayed that applicant may be enlarged on anticipatory bail.

4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant.

5. I have heard learned counsel for the parties.

6. Considering facts of the case, nature of offence, submissions of counsel for the parties, particularly the submission that applicant had no intention to cause the injury to the deceased or his parents or having any knowledge that his driving would cause death of deceased, alleged accident took place due to negligence on the part of the rider of the alleged motorcycle, therefore, offence would be under Section 106 of the BNS instead of Section 105 of the BNS, further considering that the applicant ensured the immediate medical assistance and also bear the victims' medical expenses, without commenting anything on merits of the case, I am inclined to grant anticipatory bail to the applicant.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant -Sameer Khan in connection with the crime in question, he shall be released on bail by the Officer arresting him on executing a personal bond with one surety in the like sum to the satisfaction of the concerned Arresting Officer. The applicant shall also abide by the following conditions :

(a) The applicant 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.

(b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) The applicant shall not involve himself in any offence of similar nature in future.

Sd/-

(Ramesh Sinha)