Facts
The applicant was arrested on 17.12.2025 in connection with Crime No. 258/2025 at Police Station Kabir Nagar, Raipur
Source reference: para 3It is alleged that the applicant, while driving a truck (C.G. 07-C.J. 2545) in a rash and negligent manner under the influence of alcohol, dashed against a motorcycle while overtaking, resulting in the death of two persons
Source reference: para 2, 4The applicant moved this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, following the filing of the charge sheet
Source reference: para 1, 3Issues
Whether the applicant is entitled to the grant of regular bail considering the stage of the investigation, the nature of the allegations, and the period of detention.
Source reference: para 1, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail
Source reference: para 1Section 105 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Culpable homicide not amounting to murder), and Sections 185 (Drunken driving) and 146/196 (Uninsured vehicle) of the Motor Vehicles Act
Source reference: para 1Section 269 (non-appearance), Section 84 (proclamation for person absconding), and Section 209 (non-compliance with proclamation) of the BNS/BNSS framework to establish bail conditions
Source reference: para 7Reasoning
The Court weighed the gravity of the offence—namely, the death of two victims caused by intoxicated driving—against the procedural status of the case.
Source reference: para 4It noted that the charge sheet had already been filed, significantly reducing the risk of evidence tampering or hindrance to the legal process
Source reference: para 3The Court observed that the applicant had been in custody since 17.12.2025 and that an earlier adjournment in January 2026 specifically contemplated reviewing the bail plea in late April based on the duration of detention
Source reference: para 6The Court reasoned that since the trial would take considerable time to conclude, continued incarceration would amount to pre-trial punishment
Source reference: para 3, 6Holding
The Court answered the issue in the affirmative and granted regular bail to the applicant
The holding directed the applicant's release upon furnishing a personal bond with two sureties, subject to strict conditions including: a prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages (framing of charges and Section 351 BNSS statements), and strict compliance with court appearances under threat of proceedings for abuse of liberty
Source reference: para 7Original Court PDF
SURESH GUPTA @ SURESH PRASAD GUPTAvsSTATE OF CHHATTISGARH
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