Pranay Juneja vs State of Chhattisgarh

Ramesh Sinha, CJ

This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.247/2025 registered at Police Station - Torwa District-Bilaspur (C.G.) for the offence punishable under Sections 105, 110 & 281 of BNS, 2023 and Section 185 of Motor Vehicle Act.

Case of the prosecution, in brief, is that on 07.06.2025 at about 8:11 P.M., FIR was lodged by Gopal Tandon in connection with an accident that allegedly occurred around 3:00 p.m. on 07.06.2025. It is alleged that the complainant was at his house, subsequently he heard some noise that accident has taken place. He went their and saw that one white car dashed his brother Sannat Kumar Tandon and he was lying on the side of the road in an injured condition. On enquiry it is found that his brother died on the spot and two other persons who were walking along with his brother namely Vikas Verma and Suresh Barman also received the injuries in the said accident. It is further alleged by the complainant that, the case bearing No.C.G.10 AL 3207 which dashed his brother was parked there in a damaged condition and allegedly the driver of the vehicle appears to be under the influence of alcohol. On the said complaint FIR has been registered against the applicant.

It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no material available on record to show that the applicant has intentionally caused death of the deceased. The applicant is in jail since 08.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no previous criminal antecedent.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents, he is in jail since 08.06.2025 and the charge-sheet has been filed, looking to the detention period of the applicant, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

Let the applicant – Pranay Juneja, involved in Crime No.247/2025 registered at Police Station - Torwa District-Bilaspur (C.G.) for the offence punishable under Sections 105, 110 & 281 of BNS, 2023 and Section 185 of Motor Vehicle Act, be released on bail on their furnishing a personal bond with two 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.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.