Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15293
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 441 of 2025 Satyam Sharma S/o Hemant Sharma Aged About 28 Years Posted As Junior Engineer At Khairagarh Distribution Centre, R/o Quarter No. 2 A, Street No. 28, Sector-7, Bhilai District Durg, (Chhattisgarh) ... Applicant
versus State Of Chhattisgarh Through Reserve Centre (Arakshi Kendra), Khairagarh, District- Khairagarh Chhuikhadan Gandai (K.C.G.) C.G. ...Respondent
For Applicants : Mr. B.P. Singh, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 01.04.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 75/2025, registered at Police Station – Khairagarh, District – Khairagarh, (C.G.) for the alleged commission of offence punishable under Sections 304 & 34 of IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.02 14:32:17 +0530
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2. As per prosecution story, on 25/05/2024 at about 11:00 Am, Ward Boy of Hospital Namely Ramesh Verma came to the police station and gave a Hospital memo Signed by Medical Officer Namely Dr Pankaj Vaishnav and on that Memo there was an information regarding the Death of Shri Santosh Mandavi due to the Electric Shock, and upon that information Merg was registered and the body was sent for Post Mortem and the investigation done and was upon the due investigation it was found that the applicant along with other co-accused knowing very well that the deceased is not a trained labour, instigated him to climb upon the electricity pole and because of that he died due to the electricity shock and upon that one FIR was registered on dated 10/03/2025 U/s 304, 34 of IPC against the applicant and two other co-accused and the statement was recorded and the investigation has starter and the aforesaid crime has been committed.
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Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant is a junior Engineer recently joined the office and the applicant was on probation for 3 years and applicant has never instigated or had any motive to instigate the labour. He further submits that FIR was also lodged belatedly after delay of 9 months as the date of incident is 25.05.2024 and the FIR was lodged on 10.03.2025. Therefore, he prays for grant of anticipatory bail to the applicant.
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4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits that the applicant along with other co-accused knowing very well that the deceased is not a trained labour, instigated him to climb upon the electricity pole and because of that he died due to the electricity shock, therefore, he is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the submission made learned counsel for the parties, nature and gravity of the offence, material on record, further considering the fact that the applicant along with other co-accused knowing very well that the deceased is not a trained labour, instigated him to climb upon the electricity pole and because of that he died due to the electricity shock, therefore, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant – Satyam Sharma , involved in Crime No. 75/2025, registered at Police Station – Khairagarh, District – Khairagarh (C.G.) for the alleged commission of offence punishable under Sections 304 & 34 of IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav