{M.Cr.C.(A)No.743/2025} 2025:CGHC:22087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 743 of 2025 Pramod Sahu, S/o Santosh Sahu, Aged about 33 years, R/o Village Baturabahar, Police Station & Tahsil Pathalgaon, District Jashpur, Chhattisgarh, Presently residing at Nawapara, Gharghoda, District Raigarh, Chhattisgarh --- Applicant versus State of Chhattisgarh, through Station House Officer, P.S. Dharamjaigarh, District Raigarh, Chhattisgarh --- Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant : Mr. Arvind Dubey, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15.05.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.98/2025, registered at Police Station Dharamjaigarh, District Raigarh (C.G.) for alleged commission of offence punishable under Sections 105, 303(1), 62 and 3(5) of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution story in brief, on 27-3-2025, the Railway Security Guard and Lineman have made a written report to the police that they have received an information that an unknown person was lying in the drain near the railway SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.15 18:21:01 +0530 {M.Cr.C.(A)No.743/2025} track at Kharsia, Dharamjaigarh in their security area and on receiving the said information, they went to the spot and found that a dead body of unknown person was lying in the drain near the railway track and the village people and Sarpanch were standing nearby, and a wire cutter was also lying at some distance away from the dead body. On looking to the burn injury on the body, it appeared that due to coming into contact with the eletric wire of railway line, the person died due to electric shock as a result of electrocuting. During investigation, it has come to the light that on 26-3-2025, the deceased along with co-accused persons came to Village Gersa in Dharamjaigarh with the intention of committing theft of the electric wire from the railway pole and the deceased being the only Electrician in the entire group and the accused persons were knowing that high voltage electric current was flowing in the railway electric pole and the deceased could die on coming into contact with it, they asked the deceased to cut the wire on which the deceased climbed the electric pole and while cutting the wire with cutter, he got electric shock and died. On the basis of the said report, the police registered offence against the applicant herein and other co-accused persons. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is completely innocent and he has not committed any offence and has been falsely implicated in the case and learned counsel further submits that no single evidence has been collected by the prosecution which shows that the applicant has committed the offence alleged against him. Therefore, the applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that charge-sheet has not been filed in the present case and it is not the case in which the applicant should be extended the {M.Cr.C.(A)No.743/2025} benefit of anticipatory bail. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, allegations levelled against the applicant, the manner in which the applicant along with other co-accused persons had gone to commit theft of electric wire and the deceased, who was one of the members in such group and had gone with the applicant and other co-accused persons for committing theft, was electrocuted and died, and also considering that the accused persons had gone with the intention of committing theft of electric wire of the Railways which is the Government property, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Pramod Sahu, filed under Section 482 of the BNSS, 2023 in connection with Crime No.98/2025, registered at Police Station Dharamjaigarh, District Raigarh (C.G.) for alleged commission of offence punishable under Sections 105, 303(1), 62 and 3(5) of the Bharatiya Nyay Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Soma