SupremeToday Landscape Ad
Back
Next

Regular Bail under BNSS

Gujarat HC Grants Bail in Fatal Crash Case Invoking Section 105 BNS: Balancing Justice and Custody - 2026-05-22

Subject : Criminal Law - Bail Matters

Listen Audio Icon Pause Audio Icon
Gujarat HC Grants Bail in Fatal Crash Case Invoking Section 105 BNS: Balancing Justice and Custody

Supreme Today News Desk

Balancing Liberty and Justice: Gujarat HC Grants Bail in Fatal Road Accident Case

In a significant judicial development, the High Court of Gujarat at Ahmedabad has granted regular bail to a 23-year-old student, Rakshit Ravish Chorasiya, in connection with a fatal road accident that occurred earlier this year. The order, passed by Hon'ble Mr. Justice Nikhil S. Kariel, addresses the complex intersection of severe criminal allegations and the rights of an individual facing prolonged pre-trial detention.

The Backdrop: A Tragic Collision

The case stems from an FIR registered at the Karelibaug Police Station in Vadodara. The applicant, then aged 23, faced charges under several sections of the Bharatiya Nyaya Sanhita (BNS)—most notably Section 105 regarding culpable homicide—alongside various provisions of the Motor Vehicle Act.

The prosecution’s case centered on a high-stakes collision involving three vehicles, which resulted in the loss of one life and injuries to nine others. The situation was further compounded by allegations that the applicant was under the influence of prohibited substances, specifically THC (Tetra Hydro Cannabinol) and Codeine, at the time of the incident.

Arguments: A Tug-of-War Over Custody

During the proceedings, the counsel for the applicant emphasized the student’s clean record, the fact that the charge sheet had already been filed on June 10, 2025, and argued that indefinite incarceration served little legal purpose. The applicant expressed a willingness to adhere to any conditions deemed fit by the court.

Conversely, the State of Gujarat, represented by the Additional Public Prosecutor, vehemently opposed the motion. The State highlighted the gravity of the offense, the number of casualties, and the substance abuse allegations, urging the court to deny relief. Counsel for the original complainant similarly opposed the release, reflecting the victim's perspective on the tragic outcome.

Judicial Analysis: Precedent and Proportion

In his analysis, Justice Nikhil S. Kariel focused on the balance between society's need for justice and the applicant's right to personal liberty. Acknowledging the "very serious" nature of the allegations, the court nonetheless took note of the applicant's youth and his nine-month tenure in custody since March 14, 2025.

Citing the legal principles established by the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation , the court emphasized that pre-trial detention should not be used as a tool for punishment, but rather as a means to ensure the integrity of the judicial process.

Key Observations

The court articulated its position through the following observations:

  • "While the offence concerned is very serious, where the allegation being that the applicant has collided with the three vehicles causing injuries to 9 persons and causing death of 1 person, yet, to this Court, it would appear that the present applicant being in custody since 14.03.2025 and the charge-sheet having been laid on 10.06.2025, the case of the present applicant for release requires to be considered."
  • "The fact that the applicant is stated to be a 23 year old student, without any antecedents... and having considered the fact that the applicant is in custody since 9 months, to this Court, at this stage, interference is required albeit with appropriate safeguards."
  • "At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail."

The Verdict and Its Implications

The High Court ultimately ordered the release of the applicant on a bond of Rs. 1,00,000, subject to a robust list of conditions, including the surrender of his passport, mandatory fortnightly check-ins with local police, and a requirement to seek permission before leaving the state.

This decision underscores the judiciary's role as a balancing mechanism in criminal justice—ensuring that even in cases involving grievous charges, the machinery of the law respects the timeline of the investigation. While the trial will proceed to determine culpability, the court’s decision offers a reminder that the presumption of innocence and the principle of proportionality remain cornerstones of the Indian legal system.

pre-trial incarceration - culpable homicide - judicial discretion - road safety - statutory compliance - bail conditions

#BailGrant #GujaratHighCourt

logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top