Nafr High Court
Case Details
1 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2025:CGHC:32317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4415 of 2025 • Pajjuru Shyam S/o Shrinivas Rao Aged About 31 Years (Shyam Kumar Pajjuri As Per Arrest Seizure Memo), R/o House No. 2-138/b, Main Road, J. Kondru, P.S. Krishna (Andhra Pradesh) (As Per Arrest Seizure Memo Address D. No. 10-103, Chalawaripalam Guntur Nallapadu, P.S. Guntur, District- Guntur (Andhra Pradesh) versus ... Applicant • State Of Chhattisgarh Through - Station House Officer, Police Station Civil Line Bilaspur, District- Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant
Legal Reasoning
: Mr. Sanjay Kumar Sahu, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 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.465/2025 registered at Police Station-Civil Line Bilaspur District Bilaspur (C.G.), for the offence punishable under Sections 281, 105 of BNS 2023 and Section 185 of Motor Vehicle Act. 2 2. Case of the prosecution, in brief, is that the complainant lodged report to the concerned police station that on the date of incident the applicant was driving by his vehicle by consuming liquor and hit the deceased person, and as a result of the same, deceased was received injury on his head and he died during treatment and thereafter, the police has registered the offence under section 281, 105 of Bhartiya Nyay Sanhita and section 185 of Motor Vehicle Act against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that on 25.04.2025, the applicant was driving his vehicle very slowly at Vyapar Vihar and hence the complainant and his friends have quarreled dispute with the applicant and committed marpeet with the applicant, thereafter, the concerned police authorities has carried the applicant at P.S. Civil Line Bilaspur and has false registered FIR against the applicant without any investigation has been done properly. He further submits that the applicant was having valid driving license and on the date of incident deceased person came on his motorcycle, from the back side and hit with truck and result of this he received injury on his head and during treatment he was died. The applicant has falsely been implicated in connection of this crime without any proper investigation. The applicant is in jail since 26.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court and the applicant is a resident of the State of Aandhra Pradesh and he has no criminal 3 antecedent but looking to the seriousness of the offence, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that applicant is a truck driver and having valid driving license and on the date of incident deceased person came on his motorcycle, from the back side and hit with truck and result of this he received injury on his head and during treatment he was died. The applicant is in jail since 26.04.2025 and the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Pajjuru Shyam, involved in Crime No.465/2025 registered at Police Station-Civil Line Bilaspur District Bilaspur (C.G.), for the offence punishable under Sections 281, 105 of BNS 2023 and Section 185 of Motor Vehicle Act, be released on bail on her furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court 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. 4 (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 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. Learned State counsel assures the Court that the investigation and charge-sheet would be submitted soon before the competent Court. 9. Considering the fact that if the charge-sheet is submitted against the applicant, the trial Court shall conclude the trial as early as possible from the date of filing of the charge-sheet in accordance with law, if there is no any legal impediment. 5 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - vaishali Sd/- (Ramesh Sinha) Chief Justice