AJAY SINGH CHAUHAN vs STATE OF CHHATTISGARH

1

CGHC010310712026 2026:CGHC:38423
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7971 of 2026
Ajay Singh Chauhan S/o Chaksingh Chouhan, Aged About 31 Years R/o
Village Pataidhih Post Pachpedhi Police Station Masturi, District-
Bilaspur (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through P.S. Pachpedhi District- Bilaspur (C.G.)
... Respondent(s)
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
AKHILESH
KUMAR
DEWANGAN
For Applicant(s) : Mr. Hemant Gupta, Advocate.
For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
31/08/2026
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. 205/2026 registered at Police Station
Pachpedhi District- Bilaspur (C.G.) for the offence punishable
under Sections 125(A), 281 and 105 of BNS.

2
Case of the prosecution, in brief, is that on 11.07.2026, the
2.
complainant, Chandra Prakash Sriwas, lodged a written report at
Police Station Masturi, District Bilaspur, stating that on
09.07.2026, his father, Banshi Lal Sriwas, along with his friend,
Baran Bhanu, was proceeding towards Malhar on a scooty
bearing registration No. CG-22-AE-0512. At that time, a Hywa
truck bearing registration No. CG-22-J-8196 allegedly dashed
against their scooty, resulting in a serious accident. Both injured
persons were initially admitted to the local CHC and thereafter
referred to CIMS Hospital, Bilaspur. Baran Bhanu succumbed to
his injuries on 10.07.2026, whereas Banshi Lal Sriwas was further
referred to Ram Care Hospital, where he is undergoing treatment.
On the basis of the said report, Crime No. 266/2026 was
registered at Police Station Masturi, District Bilaspur, for the
offences punishable under Sections 281, 125(a) and 105 of the
Bharatiya Nyaya Sanhita, 2023, against the accused/applicant.
Hence, the bail application.
Learned counsel for the applicant submits that the applicant has
3.
not committed any offence and he has been falsely implicated in
offence in question. He further submits that the actual facts are
that the applicant was driving the offending vehicle on his proper
side of the road. However, due to dark conditions, Banshi Lal and
Baran Bhanu suddenly turned their scooty towards the wrong side
of the road, resulting in the unfortunate accident and injuries
sustained by them. He also submits that the incident was purely

3
accidental and unfortunate. The offending vehicle was duly
insured, and the applicant was holding a valid driving licence
authorizing him to drive a heavy motor vehicle. The applicant is in
jail since 21.07.2026, the applicant has only one criminal
antecedent of the year 2025 under the BNS, charge-sheet has
been filed and the trial is likely to take some time for its
conclusion. Therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail
application and submits that the charge-sheet has been filed in
the present case. She further submits that the applicant, while
driving the Hywa truck rashly and negligently, dashed against a
scooty, resulting in the death of Baran Bhanu and injuries to
Banshi Lal Sriwas. Therefore, the applicant is not entitled for grant
of bail.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
Taking into consideration the facts and circumstances of the case,
6.
nature and gravity of offence, period of detention of the applicant
since 21.07.2026, the fact that though the applicant, while driving
the Hywa truck rashly and negligently, dashed against a scooty,
resulting in the death of Baran Bhanu and injuries to Banshi Lal
Sriwas, but considering the fact that the applicant has only one
criminal antecedent, which is of the year 2025 under the BNS and
charge-sheet has been filed, this Court is of the view that the

4
applicant is entitled to be released on bail in this case.
Accordingly, the application is allowed.
7.
Let the Applicant- Ajay Singh Chauhan, involved in Crime No.
8.
205/2026 registered at Police Station Pachpedhi District- Bilaspur
(C.G.) for the offence punishable under Sections 125(A), 281 and
105 of BNS, be released on bail on his furnishing a personal
bond with two 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.
(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

5
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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil