1 2025:CGHC:47806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6234 of 2025 Mukesh Sahu S/o Late Khorbahara Sahu Aged About 37 Years R/o Village Udena, Police Station Arjuni, District : Dhamtari, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Arjuni, District : Dhamtari, Chhattisgarh ... Respondent For Applicant : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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.54/2025 registered at Police Station Arjuni, District Dhamtari (C.G.)) for the offence punishable under Section 304 of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.17 20:28:17 +0530 2 2. Case of the prosecution, in brief, is that on 11-03-2024, deceased Kumari Bai Dhritlahare along with her daughter in-law was going towards her agricultural field and she was walking from the path (Med) of field of Tribhuvan Das and when she was going towards the agricultural field, she came into the contact of fencing wire and she died because of electrocution, she was taken to Masihi Hospital Dhamtari, where the doctor informed that Kumari Bai died. On the basis of merg number 00/44/2025 registered on 12-03-2024, the matter being investigated and during the investigation it was found that the agricultural field belongs to Tribhuvan Das Manikpuri, who stated that he given the land to the applicant for the period of two years for cultivation of the same and subsequently the applicant has been arrested for the commission of the alleged offence. 3. Learned counsel for the applicant submitted that the deceased died on account of electrocution when she came in contact with the electric wire by which a fencing was done in the agriculture field of the applicant. He would submit that the charge sheet has been filed in this case,the applicant is in jail since 19/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention 3 of the applicant since 19/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Mukesh Sahu, involved in Crime No.54/2025 registered at Police Station Arjuni, District Dhamtari (C.G.)) for the offence punishable under Section 304 of Indian Penal Code, 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 court shall initiate proceedings against him, in accordance with law, 4 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri