Regular bail granted under BNS Sections 105 and 106 considering custody duration and lack of criminal antecedents.

The applicant, an auto-rickshaw driver and owner, was arrested on 19.01.2026 following a vehicular accident where he allegedly hit a pedestrian in a rash and negligent manner

The victim sustained multiple injuries and subsequently succumbed to them

The applicant contended that the accident was inadvertent, caused by the glare of headlights from an oncoming vehicle which obstructed his vision

The prosecution registered Crime No. 10/2026 at P.S. Devendra Nagar for offenses under the BNS and the Motor Vehicles Act

A charge-sheet has been filed, and the applicant moved the High Court for regular bail after being in judicial custody for approximately three months

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, given the nature of the offense and the completion of the investigation

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail

The substantive offenses were considered under Sections 105 (Culpable homicide not amounting to murder) and 106 (Causing death by negligence) of the Bharatiya Nyaya Sanhita (BNS), 2023

the Court noted the application of Sections 21(25), 177, 3/181, and 146/196 of the Motor Vehicle Act concerning driving without a valid license and insurance

The procedural requirement for recording the accused's statement was noted under Section 351 of the BNSS

The Court balanced the gravity of the allegations with the circumstances of the incident and the applicant's profile.

It observed that the applicant, a professional auto-driver with no previous criminal antecedents, provided a plausible explanation for the accident (headlight glare)

The Court placed significant weight on the fact that the investigation had concluded with the filing of the charge-sheet, thereby reducing the risk of tampering with evidence

Given that the applicant had been in custody since 19.01.2026 and that the trial's conclusion was not imminent, the Court determined that continued incarceration was not required

To safeguard the judicial process, the Court tied the grant of bail to strict conditions regarding trial attendance and non-obstruction of evidence

The holding is subject to conditions including: a prohibition on seeking adjournments during witness testimony, mandatory presence on all trial dates, and personal appearance during the framing of charges and recording of statements under Section 351 BNSS

Any default or misuse of liberty allows the trial court to initiate proceedings under Sections 209 or 269 of the BNS