01Facts
The applicant was arrested in connection with Crime No. 390/2026, registered for an offence under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.
¶ 2The prosecution alleged that, after an altercation at a birthday party, the applicant reversed his car and ran it over Ujjwal Kumar, who later died from his injuries.
¶ 2The applicant denied intending or knowing that his actions would cause death, relied on the absence of crush injuries and the inconclusive query report, and noted that the charge-sheet had been filed and he had no criminal antecedents.
¶ 3The State opposed bail, relying on eyewitness accounts and the post-mortem findings, including head injuries and death from cerebral haemorrhage.
¶ 4–5This was the applicant’s first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
¶ 102Issues
i.Whether the applicant should be granted bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the allegations, medical evidence, and eyewitness statements.
¶ 1, 7–9ii.Whether the asserted absence of crush injuries and the inconclusive query report warranted bail at this stage.
¶ 803Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to consider a bail application.
¶ 1In deciding whether to grant bail, the Court considered the nature and gravity of the alleged offence, the injuries sustained and medical evidence, and the prima facie evidence attributing the act to the applicant.
¶ 1, 7–9The alleged offence was punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.
¶ 1Provisions in the judgment · 2 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 103
04Reasoning
The Court found that the post-mortem report recorded nine injuries, including a head injury, and attributed death to cerebral haemorrhage resulting from blunt-force head trauma.
¶ 7It also considered the eyewitness statements to prima facie attribute to the applicant the act of reversing the vehicle at high speed and running it over the deceased.
¶ 7The Court held that the absence of crush injuries and the query report could not, in isolation, displace the ocular evidence at the bail stage; the applicant’s account of the incident raised matters for trial.
¶ 8Considering the specific allegations, medical evidence, and eyewitness accounts, the Court found no basis to grant bail.
¶ 905Holding
The Court answered the bail question in the negative.
¶ 10The Court rejected the applicant’s first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
¶ 10Original Court PDF
TUSHAR DHANDAvsSTATE OF CHHATTISGARH
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