1 2025:CGHC:41249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5571 of 2025 • Ramesh Kumar Sahu S/o Tulsiram Sahu, Aged About 48 Years R/o Village Lohari, Police Chowki Nagpur, Police Station Podi, District Manendragarh-Chirmiri-Bharatpur (Chhattisgarh) ... Applicant versus • State Of Chhattisgarh Through Police Station Podi, District Manendragarh-Chirmiri-Bharatpur (Chhattisgarh) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.44/2025 registered at Police Station-Podi, District-Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 105 of BNS, 2023 and C.G. Electricity Act 135, 138 and 139. 2. As per the case of the prosecution story, in brief, is that on 09.05.2025 at about 7:00 am when deceased Ajay Sahu, aged about VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.19 10:27:23 +0530 2 6 years coming towards his family members who are working in the agricultural field of Ravi Sahu, that time electric current was flowing in the iron fencing wires of the agricultural field of Ramesh Sahu. Ajau died after coming in contact of the iron wire through which electric current was flowing. After investigation it was found that injured/deceased was died due to electric shock. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in crime in question. It has been argued by learned counsel for the applicant that deceased namely Ajay Sahu, who was a minor boy aged about 6 years, died due to electric shock in the agricultural field by coming in contact with fencing, in which, current was flowing, but body of the child recovered 200 to 300 meters away from the field of the present applicant. FIR has been lodged after 1 month & 15 days of the incident. Eyewitness of the incident namely Rajkumar Sahu, stated in his examination that deceased/child died in agricultural field of one Ravi Sahu, who was stealing electricity from nearest electric pole of his agricultural field. The applicant is in jail since 25.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that applicant has one criminal antecedent, looking to the nature and gravity of the offence, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further considering the fact that deceased namely Ajay Sahu died due to electric shock in the agricultural field by coming in contact with fencing, in which, current was flowing, but body of the child recovered 200 to 300 meters away from the field of the present applicant and further considering the fact that FIR has been lodged after 1 month & 15 days of the incident and also considering the fact that eyewitness of the incident namely Rajkumar Sahu, stated in his examination that deceased/child died in agricultural field of one Ravi Sahu, who was stealing electricity from nearest electric pole of his agricultural field further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Ramesh Kumar Sahu involved inCrime No.44/2025 registered at Police Station-Podi, District-Manendragarh- Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 105 of BNS, 2023 and C.G. Electricity Act 135, 138 and 139, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his 4 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali