[Cites 8, Cited by 0]
Chattisgarh High Court
Suryadev Agrawal vs State Of Chhattisgarh on 8 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16157
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 10374 of 2025
Suryadev Agrawal S/o Late Chainsingh Agrawal Aged About 35 Years R/o
VAIBHAV Khundani Chowki, Kanwar, Police Station- Gurur, Presently Residing At
SINGH
Digitally signed
Junema Gali, Ratnabandha Road, Dhamtari, Police Station City Kotwali,
by VAIBHAV
SINGH
Date: 2026.04.09
10:53:28 +0530
Dhamtari, District- Dhamtari (C.G.) ... Applicant
versus
State Of Chhattisgarh Through- The Station House Officer, Police Of Police
Station Rudri, District- Dhamtari (C.G.) ... Non-applicant
For Applicant : Mr. Anil Gulati, Advocate.
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
08.04.2025
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
39/2025, registered at Police Station - Rudri, District - Dhamtari (C.G.)
for the offence punishable under Sections 281, 125(A), 105, 125(B) of
the BNS and Section 39/192(1), 184 & 185 of the Motor Vehicle Act.
2. The case of the prosecution, in brief, is that during the merg enquiry, it
was found that the deceased Kanshi Ram Sahu was going to the
house of his relative to attend the function and when he went to village
Bhatgaon for roaming, at about 7.00 PM, infront of Didi Rasoi, the
driver of the Eco Van bearing Registration Number CG-04/HC-0364
driven the vehicle under the intoxication rashly and negligently on
account of which, the deceased struck in the vehicle. It is alleged that
inspite stopping the vehicle, the applicant continuously driven the
vehicle and dashed the vehicle of Ghanshyam Netam and Lata Ram,
on account of which they also suffered from injuries. Subsequently,
the applicant has been arrested for the commission of alleged
offences.
3. The applicant respectfully submits that he is innocent and has been
falsely implicated in the present case. It is further submitted that he
applicant did not act in the manner alleged by the prosecution. It is
further submitted that although the MLC of the applicant mentions
alcohol intoxication, no blood sample of the applicant was taken to
ascertain the exact quantity of alcohol allegedly consumed by him.
Mere smell of alcohol cannot by itself establish that the applicant was
not in a position to drive the vehicle cautiously. It is further submitted
that after the accident, the applicant did not stop the vehicle
immediately due to fear that he might be assaulted by the villagers
and, in fact, when the vehicle was eventually stopped, the applicant
was assaulted by nearby persons, though the injuries suffered by him
were simple in nature. The applicant is in custody since 07.10.2025,
the charge-sheet has already been filed and the conclusion of the trial
is likely to take considerable time. Therefore, looking to the period of
detention already undergone by the applicant, he deserves to be
enlarged on bail. It is also submitted that the applicant has no criminal
antecedents, therefore, he prays for grant of regular bail to the
applicant.
4. Learned counsel for the State opposes the bail application and
submits that the applicant, while driving the Eco Van bearing
Registration No. CG-04/HC-0364 in an intoxicated condition, drove
the vehicle rashly and negligently and caused the death of Kanshi
Ram Sahu. It is further submitted that thereafter, the applicant
continued driving the vehicle and caused injuries to Ghanshyam
Netam and Lata Ram. Therefore, looking to the seriousness of the
allegations, the State opposes the bail application.
5. I have heard learned counsel for the parties and perused the case-
diary.
6. Considering the facts and circumstances of the case, the nature of
allegations, the fact that the accident is alleged to have occurred on
account of rash and negligent driving, as well as the fact that the
charge-sheet has already been filed before the competent Court, and
further considering that the applicant has remained in jail since
07.10.2025 and the conclusion of the trial is likely to take some more
time, this Court is of the considered view that the applicant is entitled
to be released on bail in the present case.
7. Let applicant, Suryadev Agrawal, involved in Crime No. 39/2025,
registered at Police Station - Rudri, District - Dhamtari (C.G.) for the
offence punishable under Sections 281, 125(A), 105, 125(B) of the
BNS and Section 39/192(1), 184 & 185 of the Motor Vehicle Act, be
released on bail on furnishing personal bond with two local
sureties in the like sum to the satisfaction of the court concerned with
the following conditions:-
(i) The applicant shall file an undertaking to the effect
that he shall not seek any adjournment on the dates
fixed for evidence when the witnesses are present in
court. In case of default of this condition, it shall be
open for the trial court to treat it as abuse of liberty of
bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through
his counsel. In case of his absence, without sufficient
cause, the trial court may proceed against him under
Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS. is issued and
the applicant fails to appear before the court on the
date fixed in such proclamation, then, the trial court
shall initiate proceedings against him, in accordance
with law, under Section 209 of the Bharatiya Nyaya
Sanhita.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i) opening
of the case, (ii) framing of charge and (iii) recording of
statement under Section 351 of BNSS. If in the opinion
of the trial court absence of the applicant is deliberate
or without sufficient cause, then it shall be open for the
trial court to treat such default as abuse of liberty of bail
and proceed against him in accordance with law.
8. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
vaibhav
