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2025 DAILYLAW 15404 (CHH)

RAJULAL KANWAR v. STATE OF CHHATTISGARH

MCRCA/439/2025 · 2025-03-28

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1 2025:CGHC:15009 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 439 of 2025 Rajulal Kanwar S/o Suraj Lal Kanwar Aged About 31 Years R/o Village Seoni, Police Station Gatapaar, Tehsil Khairagarh, District Khairagarh Chuikhadan Gandai, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Khairagarh District Khairagarh Chuikhadan Gandai, Chhattisgarh. ... Respondent For applicant : Shri Hemant Kesharwani, Advocate. For Respondent/State : Ms. Supriya Upasne, GA. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 28/03/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.75/2025, registered at Police Station Khairagarh GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.01 12:07:28 +0530 2 District Khairagarh Chuikhadan Gandai, Chhattisgarh for alleged commission of offence punishable under sections 304, 34 of IPC. 2. Case of the prosecution, in brief, is that on 10.03.2025 police registered the crime against the present applicant as well as two other co-accused for offence punishable under Section 304, 34 of IPC alleging that on 25.05.2024 Ward Boy Ramesh Verma informed the police that the deceased Santosh Mandavi died due to electric shock, it is alleged that the present applicant and other co-accused have knowledge about the deceased Santosh Mandavi was unskilled labour, he was engaged for maintenance of electric poll, during the maintenance Santosh Mandavi died of electric shock. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. He would submit that the applicant is not an electric contractor or government employee but an unskilled laborer and deceased was a colleague of the applicant, and both worked under a contractor. He would further submit that the incident did not occur during maintenance work. He would submit that there is a significant delay in lodging the FIR, incident took place on 25/05/2024, and the FIR being registered on 10/03/2025. He would submit that the statements of witnesses, including family members of the deceased, have been examined during the investigation but none of the witnesses have supported the 3 prosecution's case. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly considering the nature of allegation made against the present applicant that the present applicant had knowledge that the deceased Santosh Mandavi was unskilled labour, he was engaged for maintenance of electric poll who died of electric shock during the maintenance work, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Rajulal Kanwar, involved in Crime No.75/2025, registered at Police Station Khairagarh District Khairagarh Chuikhadan Gandai, Chhattisgarh for alleged commission of offence punishable under sections 304, 34 of IPC is rejected. Sd/-Sd SdS Sd/- (Ramesh Sinha) Chief Justice gouri