Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15289
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 446 of 2025 Sandeep Kumar Soni S/o Late Sudama Prasad Soni Aged About 47 Years Assistant Engineer Pipariya District Kabirdham, R/o Chouhan Greenvally Junwani Bhilai, District Durg (C.G.) ...Applicant
versus State Of Chhattisgarh Through Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) ... Respondent
For Applicants : Mr. Hemant Kumar Agrawal, 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 14:35:24 +0530
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2. As per prosecution story the accused persons namely Raju Lal Kanwar (Labour Contractor), Satyam Sharma (Junior Engineer) and the applicant (Assistant Engineer Chhattisgarh State Power Distribution Company Limited) knowing that Santosh Mandavi is untrained & unskilled electrician, they engaged him in the shifting of the transformer. On 25.04.2024 at about 10:40 a.m., when Santosh Mandavi was working that time due to electric current he died. The FIR was registered under Section 304 & 34 of the IPC.
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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. He further submits that there is no direct or indirect involvement of the applicant in the present case. He further submits that the applicant had no responsibility of employee the labours for shifting of the transformer and he had only responsibility to super wise the shifting of the transformer work. Therefore, he prays for grant of anticipatory bail to the applicant.
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 after knowing very well that the deceased is not a trained labour, instigated him to climb upon the electricity pole and because of which he died due to the electricity shock, therefore, he is not entitled for grant of anticipatory bail.
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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 after knowing very well that the deceased was not a trained labour, instigated him to climb upon the electricity pole and due to which, the deceased died of electrocution, therefore, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant – Sandeep Kumar Soni, 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