Regular bail granted after charge-sheet filing where the accused had only one criminal antecedent.

The applicant was arrested in connection with a motor-vehicle accident arising from the alleged collision between a Hywa truck bearing registration No. CG-22-J-8196 and a scooty bearing registration No. CG-22-AE-0512.

On 9 July 2026, Banshi Lal Sriwas and Baran Bhanu were travelling on the scooty towards Malhar when the truck allegedly collided with it. Both sustained injuries; Baran Bhanu died on 10 July 2026, while Banshi Lal remained under treatment.

A criminal case was registered for offences under Sections 125(A), 281 and 105 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The order refers to Crime No. 205/2026 at Police Station Pachpedhi and also records that Crime No. 266/2026 was registered at Police Station Masturi.

The applicant claimed that the accident occurred because the scooty suddenly moved to the wrong side of the road in dark conditions, and that he was driving on his proper side.

He relied on the fact that the vehicle was insured, that he possessed a valid heavy-motor-vehicle driving licence, that he had been in custody since 21 July 2026, and that the charge-sheet had been filed.

He also disclosed one criminal antecedent from 2025.

The State opposed bail, alleging rash and negligent driving resulting in one death and injuries to another person.

Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, notwithstanding the allegation that his rash and negligent driving caused one death and serious injuries to another person?

Whether the applicant’s period of custody, filing of the charge-sheet, and limited criminal antecedents justified the grant of bail subject to conditions?

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs the High Court’s power to grant regular bail.

The prosecution invoked Sections 125(A), 281 and 105 of the Bharatiya Nyaya Sanhita, 2023, concerning the alleged conduct and consequences of the accident.

In deciding bail, the Court considered the nature and gravity of the alleged offences, the period of detention, the filing of the charge-sheet, the applicant’s criminal antecedents, and the likelihood of the trial taking time.

No judicial precedent was cited or relied upon in the order.

The Court acknowledged the prosecution’s allegation that the applicant, while driving the Hywa truck rashly and negligently, collided with the scooty, causing Baran Bhanu’s death and injuries to Banshi Lal.

Nevertheless, for the limited purpose of bail, it gave weight to the applicant’s custody since 21 July 2026, the completion of investigation and filing of the charge-sheet, and the fact that he had only one criminal antecedent from 2025.

Considering these circumstances, together with the prospect that the trial would take time, the Court concluded that continued incarceration was not warranted pending trial.

The applicant’s release was, however, made subject to a personal bond, two sureties, and conditions requiring his attendance, cooperation during evidence, personal presence at important stages of trial, and compliance with proceedings in the event of misuse of bail.

The High Court directed that Ajay Singh Chauhan be released on bail in the concerned crime upon furnishing a personal bond and two sureties to the satisfaction of the trial court.

The release was subject to conditions that he would not seek unnecessary adjournments when witnesses were present, remain present before the trial court as required, appear personally at the opening of the case, framing of charge and recording of his statement under Section 351 BNSS, and face appropriate proceedings in case of absence or misuse of bail.