Regular bail granted under Section 105(2) BNS following charge-sheet filing and substantial judicial custody.

The applicant, Shyam Lal Kosare, seeks regular bail following his arrest on December 17, 2025, in connection with a road accident that occurred on December 16, 2025

According to the prosecution, the applicant was driving a high-speed vehicle (CG07CW1128) that struck a bicycle from behind near Jalaram Vatika, Pulgaon Road, resulting in the death of one rider, Chandrashekhar Yadav, and injuries to another, Topendra Kumar Sahu

The applicant was charged under Section 105(2) of the BNS and Sections 184 and 185 of the Motor Vehicle Act.

The applicant contended that the accident resulted from the bicyclist's sudden movement and denied allegations of intoxication

At the time of the hearing, the charge-sheet had already been filed, and the applicant had been in custody for nearly four months

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the filing of the charge-sheet and the duration of his judicial custody

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the procedural framework for regular bail

Section 105(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 (punishment for culpable homicide not amounting to murder), and Sections 184 and 185 of the Motor Vehicle Act, 1988, regarding dangerous driving and driving by a drunken person or by a person under the influence of drugs

Procedural safeguards for trial attendance under Sections 209 and 269 of the BNS and Section 84 of the BNSS

The Court exercised its discretion by balancing the gravity of the allegations—rash and negligent driving resulting in a fatality—against the procedural status of the case

The Court noted that the investigation was effectively complete as the charge-sheet had already been filed before the competent court

The Court observed that the applicant had been in judicial custody since December 17, 2025, and that the trial would likely consume a significant amount of time given the number of witnesses

The Court determined that further pretrial detention was unnecessary, provided that strict conditions were imposed to ensure the applicant's presence during the trial and to prevent the abuse of liberty

The Court held that the applicant was entitled to bail based on his period of incarceration and the fact that the charge-sheet had been filed

The release is subject to specific conditions: the applicant must not seek adjournments when witnesses are present, must appear at all critical trial stages (framing of charges, statement recording), and must comply with court proclamations or face proceedings under Section 209 of the BNS