2026:CGHC:7671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.1496 of 2026 Amit Yadav S/o Manrup Yadav Aged About 30 Years Resident Of Dipika Subhash Nagar Police Station Dipika District- Korba (C.G.)

... Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station- Pendra District- Gourela -Pendra Marwahi (C.G.)

... Non-applicant For Applicant : Mr. Aditya Khare, Advocate.

For Non-Applicant/State : Mr. Shubham Bajpai, PL.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

11.02.2026

1. This is the 1^st bail application filed under Section 483 of the SISTLA Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular NEELIMA VISHNU PRIYA bail to the Applicant who has been arrested in connection with SISTLA NEELIMA VISHNU PRIYA Crime No.344/2025 registered at Police Station – Pendra, Date: 2026.02.12 District- Gourela-Pendra-Marwahi (C.G.), for the offence under Sections 105 and 110 of the BNS, 2023.

2. As per the prosecution case, on 15.11.2025, the complainant Arun Kumar Choudhari lodged a report at Police Station Pendra stating that he received telephonic information that the Applicant, while driving the offending car (MG Hector) bearing registration No. CG-12-BG-5600 in an intoxicated condition, dashed against the complainant’s grandfather namely Chhakke Lal Choudhari, near the shop of Birendra Kumar Prajapati at Manjhgawan Bus Stand, resulting in his death on the spot. It is further alleged that the Applicant also hit Gauri Gupta and Jyoti Gupta and the offending vehicle turned turtle. As the Applicant was unable to walk properly, Dial-112 was called and he was taken to District Hospital, Gaurela for treatment. On the basis of the said report, crime was registered against the Applicant. Hence this application.

3. Learned Counsel for the Applicant submits that the present Applicant is innocent and has been falsely implicated in this case. He further submits that the charge-sheet has already been filed, the Applicant holds a valid and effective driving licence and had not consumed liquor on the date of the alleged incident. It is submitted that on the fateful day, the Applicant, along with his friend, had gone to Pendra in the car bearing registration No. CG-12-BG-5600 owned by the friend and while returning from Pendra to Korba, the incident occurred due to a sudden fault in the steering of the vehicle, resulting in the accident, which was purely accidental and unforeseeable, without any intention, knowledge, rashness or negligence on the part of the Applicant and the alleged offences are not punishable with death or imprisonment for life. It is also submitted that the Applicant is the sole bread- earner of his family and his prolonged pre-trial detention would seriously prejudice the livelihood of his dependents. Learned Counsel further submits that in similar circumstances, vide order dated 02.12.2025 passed in M.Cr.C. No. 9722 of 2025, the Hon’ble Court has granted regular bail to an accused for offences under Sections 281, 125-A and 105 of the BNS and Sections 112 and 183 of the Motor Vehicles Act. It is lastly submitted that the Applicant is in judicial custody since 18.11.2025 and the trial is likely to take considerable time, therefore, he may be granted regular bail.

4. Per contra, learned Counsel for the State opposes the bail application and submits that the Applicant, while in an intoxicated condition, ran over the vehicle in question, striking a 9-year-old girl, which, prima facie, constitutes rash and negligent driving of a serious nature. It is, therefore, prayed that considering the gravity of the offence, the bail application may be rejected.

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

6. Upon considering the nature and gravity of the allegations, the manner in which the incident occurred resulting in the death of one person and injuries to others, including a 9-year- old girl and the material available on record prima facie indicating rash and