1 2025:CGHC:45384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5907 of 2025 Gangaram Kashyap S/o Gopiram Kashyap Aged About 38 Years R/o Village- Salkhan, Police Station- Shivrinarayan, District- Janjgir Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S.- Shivrinarayan, District- Janjgir Champa, (C.G.) ... Non-Applicant For Applicant : Mr. Chandresh Shrivastava, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.09 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 249/2025, registered at Police Station – Shivrinarayan, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 105, 3(5) of Bharatiya Nyaya Sanhita, 2023 and 135 of Electricity Act as per charge-sheet. 2. As per prosecution case, an FIR was registered stating that the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.04 19:43:23 +0530 2 applicant had taken electricity connection in his hut through open wire. He was repeatedly told not to take electricity connection through open wire but he did not listen. Due to his negligence, Deepanshu Sahu died due to electrocution. The complainant reported the incident immediately. Following this, post-mortem was conducted, which documented the reason of death as cardiac arrest due to electric shock, and after investigation charge-sheet has been filed. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no direct, cogent or reliable evidence to establish the applicant’s direct involvement. He further submits that the co-accused has been released on bail on 15.07.2025 by the learned trial Court. He later submits that the applicant has no previous criminal antecedents and he is in jail since 26.06.2025 and conclusion of the trial will take some time. Therefore, he may be granted bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that, the charge-sheet has been filed and the applicant has no previous criminal antecedents and he is in jail since 26.06.2025, and conclusion of the trial is likely to take some time, this Court is of the 3 view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Gangaram Kashyap, involved in Crime No. 249/2025, registered at Police Station – Shivrinarayan, District- Janjgir Champa (C.G.) for the offence punishable under Sections 105, 3(5) of Bharatiya Nyaya Sanhita, 2023 and 135 of Electricity Act as per charge-sheet, be released on bail on his 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti