1 2025:CGHC:21447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 669 of 2025 Lalkrishna Dansena S/o Kamal Prasad Dansena Aged About 27 Years R/o Kalarpara, Village - Barbhauna, Tehsil - Kharsia, District - Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Chhal, District - Raigarh (C.G.) ... Respondent For Applicant : Shri Amit Singh Chauhan, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/05/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.50/2025 registered at Police Station – Chhal, District-Raigarh (C.G.) for the offences punishable under Sections 106(1) of Bhartiya Nyay Sanhita, 2023 and Section 135 of Electricity Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.09 18:47:07 +0530 2 2. Case of the prosecution, in brief, is that that the complainant Premshankar Yadav given an intimation before the Police Station, Chhal to the effect that on 10.01.2025 the applicant has connected electric wire from transformer to his tube-well for irrigation and while connecting the electric wire from transformer, the deceased Pradeep Kumar Dansena came under electric current and he died due to electrocution. On the basis of above information, the police has registered the offence U/s 106(1) of BNS and Section 135 of Electricity Act. 3. Learned counsel for the applicant submits that even if the case is taken at its face value the case would not travel beyond section 304-A IPC as it can be a case of negligence only for fitting an electric wire at an open place and the deceased died on account of the same and the registration of the present case under Section 304 IPC no offence is made out. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, 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 & circumstances of the case, submissions of learned counsel for the parties, considering the fact that even if the case is taken at its face value the case would not travel beyond section 304-A IPC as it can be a case of negligence only for fitting an electric wire at an open place and the deceased died on account of the same and the registration of the present case under Section 304 IPC no offence is made out, therefore, I am inclined to grant anticipatory bail to the present applicant. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Lalkrishna Dansena, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri