The court emphasizes the presumption of bail favoring liberty over detention, subject to reasonable conditions during trial.

Order on Board

22.09.2025

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. 78/2025 registered at Police Station : Thana Marwahi, District – Gaurela – Pendra - Marwahi (C.G.) for the offence punishable under Sections 105 ,106 of the Bhartiya Nyaya Sanhita, 2023 and Section

184, 146/196 of the Motor Vehicle Act 1988.

2.

The prosecution story in brief is that On 26.05. 2025, the applicant, while driving a Sonalika tractor bearing registration no. CG-10-AR- 9658 with a trolly no. CG-10-AU-1028, allegedly caused the death of one Rishi Kumar Dixit, who was riding motorcycle (CG-16-CB-7140, near Chalchali turn The F.I.R. was lodged by complainant Devendra Pratap Singh, who is the cousin of the deceased, it is alleged that the applicant intentionally hit the motorcycle and then ran over the deceased's hea and right arm while fleeing which causes death on spot. The tractor was found abandoned at the spot and was seized. On the notice under section 94 of 1.P.C., the registered owner Sukhlal Kewat identified the applicant as the driver. The applicant was questioned by the police and-is stated to have accepted driving the vehicle. Rajesh Kumar Suman who is the eyewitness, in the police statement, stated that the accident appeared to be intentional. Hence F.I.R. was registered under Sec. 105, 106 of the Bhartiya Nyaya Sanhita (B.N.S.) and Sec. 184, 146/196 of Motor Vehicle Act.

3.

The applicant respectfully submits that he has been falsely implicated in the present case and the allegations leveled against him are doubtful, exaggerated, and without any substantial evidence. The alleged confession recorded during police custody is inadmissible under Section 25 of the Bhatiya Sakaiya Adhiniyam, 2023, and carries no evidentiary value. The applicant has no past criminal record, is a law-abiding citizen, a permanent resident of Village Lohari, living with his family, and is the sole breadwinner of his household, with no likelihood of absconding or fleeing from justice. The vehicle in question has already been seized, the identity of the driver has been established, and the necessary documents and statements have been recorded, showing that the investigation is substantially complete, leaving no scope for tampering with evidence or influencing witnesses.

Prolonged pre-trial detention without substantial prima facie evidence violates the applicant’s fundamental right to personal liberty under Article 21 of the Constitution of India. The issues regarding whether the incident was intentional or accidental, and whether it constitutes culpable homicide or rash driving, are matters to be determined at trial and cannot be the basis for denial of bail. The Hon’ble Supreme Court has time and again held that bail is the rule and jail is the exception, subject to reasonable conditions. The applicant undertakes not to repeat any offence, to face the trial regularly, and not to influence prosecution witnesses in any manner. He is willing to furnish adequate surety and abide by all conditions that may be imposed by this Hon’ble, therefore, he prays for grant of regular bail to the applicant.

4.

On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of offence, and the fact