Bail granted in road accident case where alcohol level was below statutory limit for intoxication.

The applicant filed a first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest in connection with Crime No. 130/2025.

On September 19, 2025, the applicant was driving a vehicle that dashed into a pit, resulting in the deaths of two passengers.

The prosecution alleged the applicant was driving in a rash and negligent manner under the influence of alcohol.

The applicant contended the incident was a pure accident, highlighting that he shared cordial relations with the deceased and had sustained grievous injuries himself.

He further argued that his blood alcohol level was 22.6 mg/100 ml, which is below the statutory limit for criminal liability under the Motor Vehicles Act.

The applicant had been in custody since November 10, 2025.

1. Whether the applicant is entitled to regular bail considering the nature of the accident, his medical condition, and the lack of statutory intoxication.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, regarding the grant of regular bail.

Substantively, the case involved Section 105 of the Bharatiya Nyaya Sanhita (BNS) (culpable homicide not amounting to murder) and Sections 184 and 185 of the Motor Vehicle Act, 1988.

Under Section 185 of the Motor Vehicles Act, criminal liability for Drunken Driving is attracted only if the alcohol level exceeds 30 mg per 100 ml of blood.

The Court also considered guidelines regarding the abuse of bail liberties and the necessity of the accused's presence during trial under Sections 269, 209, and 351 of the BNSS.

The Court observed that the incident appeared to be a road accident rather than an intentional act of culpable homicide.

It noted that the applicant himself sustained injuries, which supports the accidental nature of the event and negates malicious intent.

Crucially, the Court accepted the Forensic Science Laboratory report showing an alcohol level of 22.6 mg/100 ml, which falls below the 30 mg threshold required for a "drunken driving" offense under Section 185 of the Motor Vehicles Act.

Additionally, the court noted that the applicant had only one prior criminal antecedent in which he had already been acquitted, and since the charge-sheet had already been filed, his continued detention was unnecessary.

The holding was based on the lack of evidence for statutory intoxication and the accidental nature of the deaths.

The release was made subject to strict conditions, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on trial dates; and (iii) strict penalties for jumping bail or misusing liberty under the provisions of the BNSS.