Facts
The applicant was arrested on 21 July 2026 in connection with a collision in which a Scorpio allegedly driven by him struck a 73-year-old motorcyclist from behind, dragging the motorcycle approximately 200–250 feet.
Source reference: para. 1The victim was taken to several hospitals after the incident. The FIR was registered against an unknown driver for offences under Sections 110 and 125(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS); the applicant was later charged under Sections 110, 125(a) and 105 BNS and Section 185 of the Motor Vehicles Act. He denied rash and negligent driving and driving under the influence of alcohol.
Source reference: para. 1The investigation was complete and the charge-sheet had been filed. This was his third bail application; his first two applications had been dismissed as withdrawn with liberty to file afresh. He sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Source reference: paras. 1–3Issues
1. Whether the applicant should be granted regular bail under Section 483 BNSS, considering the allegations, completion of the investigation, his period in custody, and the expected duration of trial.
Source reference: paras. 2, 6–8Law Applied
Section 483 BNSS provides the procedural basis for the High Court to consider an application for regular bail.
Source reference: para. 2In deciding the application, the Court considered the nature of the allegations, the fact that the charge-sheet had been filed, the applicant’s custody since 21 July 2026, and the likelihood that the trial would take time.
Source reference: para. 7The Court also imposed conditions governing attendance, adjournments, and the applicant’s presence at specified stages of trial, including consequences for non-compliance.
Source reference: para. 8Reasoning
The Court considered the prosecution’s allegation of rash and negligent driving alongside the applicant’s denial and the submissions of both parties.
Source reference: para. 6It noted that the investigation was complete, the charge-sheet had been filed, the applicant had remained in custody since 21 July 2026, and the trial was likely to take time. On those circumstances, and without expressing any view on the merits, the Court found it appropriate to grant bail subject to conditions intended to secure the applicant’s participation in the trial.
Source reference: paras. 6–8Holding
The High Court allowed the application under Section 483 BNSS and directed the applicant’s release on a personal bond of ₹25,000 with one surety in the like amount, to the satisfaction of the trial court.
The conditions include an undertaking not to seek adjournments when witnesses are present; attendance before the trial court as directed; personal appearance for opening of the case, framing of charge, and recording of his statement under Section 351 BNSS; and consequences under the specified provisions of law for unjustified absence or failure to appear following proclamation.
Source reference: para. 8Acts & Sections Cited
9 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20233
Bharatiya Nyaya Sanhita, 20235
Motor Vehicles Act, 19881
Original Court PDF
BHISHMA KUMAR YADAVvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
