1 2025:CGHC:46355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6303 of 2025 Mohan Pyare Yadav S/o Mukunda Yadav, Aged About 40 Years R/o Village Kokdi, Police Station Pachpadi, Tahsil Masturi, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Pachpedi, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Ravi Kumar Bhagat, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.09.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 177/2025 registered at Police Station : Pachpedi, District Bilaspur (C.G.) for the offence punishable under Sections 105 of the Bhartiya Nyaya Sanhita, 2023 and Section 137 of the Electricity Act. 2. Brief facts of the prosecution case are that on 06.05.2025, Smt. Anita Bai Jagat, along with the deceased minor Pankaj Kumar, was going to collect forest produce (Tendu leaves) near her village. While crossing the applicant’s agricultural field, where the applicant had installed a borewell and an electricity connection, the minor Pankaj Kumar accidentally came ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.11 13:17:54 +0530 2 in contact with the electric current and died. Thereafter, Anita Bai Jagat informed the other villagers, and subsequently Punaram Jagat lodged Marg Intimation No. 21/2025 at Police Station Pachpedi. On this basis, the police registered Crime No. 177/2025 on 22.07.2025 for the offence punishable under Section 105 of the BNS and Section 137 of the Electricity Act against the applicant. The applicant was arrested on 22.07.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has installed a borewell in his agricultural field and has taken an electricity connection for fetching water from the borewell. The applicant duly applied for the electricity connection, and the Electricity Department issued a temporary connection in his favour. He submits that to support the bore machine, the applicant fixed a metal wire inside the well, along with which the electricity cable was also fixed. The applicant had no knowledge that the electricity wire was in poor condition or that the metal wire was carrying electric current. Many villagers regularly passed through the agricultural field, but no such accident had ever occurred earlier. The applicant has been using the electricity connection only for agricultural purposes and not for any other purpose. The alleged incident occurred purely due to an accident. He further submits that there is no direct evidence to support the allegations made in the F.I.R. that the present applicant had knowingly installed the electricity connection for purposes other than agriculture. Therefore, the offences under the aforesaid provisions of the BNS and the Electricity Act are not made out against him. He submits that the present applicant has no criminal antecedents and he is in jail since 22.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the 3 applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by learned counsel, for the applicant that the present applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 22.07.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Mohan Pyare Yadav, involved in Crime No. 177/2025 registered at Police Station : Pachpedi, District Bilaspur (C.G.) for the offence punishable under Sections 105 of the Bhartiya Nyaya Sanhita, 2023 and Section 137 of the Electricity Act, be released on bail on furnishing a personal bond with two sureties in the like amount 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. 4 (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, 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 Abhishek