Regular bail granted under Section 105 BNS for accidental road fatalities absent evidence of criminal intent.

The applicant was arrested on 07.01.2026 in connection with Crime No. 22/2026 for an accident occurring on 05.01.2026.

It is alleged that the applicant drove his motorcycle in a rash and negligent manner, resulting in a collision on Kota Main Road that caused the deaths of Urmila and her daughter, Manya.

The applicant contended that the accident was actually caused by a white Scorpio car that hit his motorcycle, an aspect he claims was ignored during a biased investigation.

Following the completion of the investigation, a charge-sheet was filed on 06.03.2026, and the case was pending committal to the trial court at the time of this application.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the offence and the progress of the investigation.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs the grant of regular bail.

Section 105 of the Bharatiya Nyaya Sanhita (BNS), 2023, concerning punishment for culpable homicide not amounting to murder.

The Court also relied on established bail jurisprudence, considering factors such as the absence of criminal antecedents, the completion of the investigation (filing of the charge-sheet), the duration of incarceration, and the lack of mens rea (intent) in accidental cases.

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

While acknowledging the gravity of the two fatalities, the Court noted there was no material evidence at this stage to suggest the applicant intended to cause death.

The Court balanced the severity of the charge against the applicant’s personal circumstances: he is a student, has no prior criminal record, and has been in custody since 07.01.2026.

Furthermore, since the charge-sheet had already been filed, the Court determined that the applicant's continued detention was unnecessary, especially as the trial was expected to take considerable time to conclude.

The applicant was ordered to be released upon furnishing a personal bond with two local sureties, subject to several conditions: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on all trial dates unless excused; (iii) strict compliance with Section 209 and Section 269 of the BNS in the event of default; and (iv) personal presence for framing of charges and recording of statements under Section 351 of the BNSS.