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2025 DAILYLAW 42847 (CHH)

SARVANAN NATARAJAN v. STATE OF CHHATTISGARH

MCRCA/1369/2025 · 2025-09-08

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Judgment text

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1 / 4 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1369 of 2025 Sarvanan Natarajan S/o Shri Natarajan Aged About 47 Years R/o Plot No. 1432/2, Opposite M.M. Fun City Village - Baktara, P.O. - Godhi P.S. - Mandir Hasud, District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kharora, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Manoj Parajpe, Sr. Advocate along with Mr. Arpan Verma, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.09.2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 268/2025 registered at Police Station – Kharora District – Raipur (C.G.) for the offence punishable under Section 105 of BNS 2023. 2. The earlier bail application of the applicant, being MCRCA No. 1100 of 2025, was dismissed as withdrawn on technical grounds vide order dated 24.07.2025, with liberty to file afresh. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:36 +0530 2 / 4 3. As per the case of the persecution the F.I.R. was lodged on 02.05.2025 by One Parashu Ram Sahu against 4 named persons namely Mr. Mahendra Verma (Electrical Contractor), Mr. Saravanan Natarajan, Engineer (Applicant), Mr. Yogesh Sahu, Mr. Vinod Dhruv and the driver of Tractor no. CG-04-DT-2864 for the incident alleged to have been occurred on 10.04.2025. It has been alleged that the accused persons were carrying out maintenance work of an electric cable on the road without placing any stoppers, red mark signals, flags, or caution boards to warn the public. During the course of the said maintenance work, the driver of tractor bearing registration No. CG04/DT/2864 moved the tractor forward for tightening the cable, as a result of which the cable was hanging at a height of about 4 to 5 feet above the road. At that time, the deceased, Vishal Nayank, who was riding a motorcycle bearing registration No. UP-13-BU-5168, got entangled with the said cable and sustained injuries, and eventually died on the spot. ANNEXURE A/4 is the copy of F.I.R. 4. The applicant has been falsely implicated in the present case, despite having no role in the alleged incident, which was purely accidental and attributable to the negligence of the tractor driver and not to the applicant. He has been serving with Larsen & Toubro Limited since 2015 as Assistant Supervisor (Electrical) and was only discharging supervisory duties in the RDSS-Raipur Project, while the actual execution and compliance with safety norms were the sole responsibility of the sub-contractor. The investigation, statements of witnesses, post-mortem report, and even the communication of the police themselves indicate that the deceased, riding at high speed, met with an accident without any fault of the applicant. There is 3 / 4 unexplained delay in lodging the FIR, no direct or reliable evidence against the applicant, and no statutory ingredients of Section 105 BNS are made out, particularly in the absence of mens rea. The Hon’ble Supreme Court and High Courts have held that anticipatory bail is maintainable even against an accused shown absconding, and similarly placed co-accused have already been granted bail on the ground that the incident was accidental. The applicant, a permanent resident of Raipur, has no criminal antecedents, undertakes not to misuse the liberty of bail, and is willing to comply with any conditions imposed by this Hon’ble Court. 5. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further taking note of the fact that co-accused Yogesh Sahu and Vinod Dhruv have already been granted regular bail by this Court vide order dated 14.08.2025 passed in MCRC No. 4246 of 2025, without expressing any opinion on the merits of the case, I am inclined to allow the present application for anticipatory bail. 8. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sarvanan Natarajan, on executing a personal bond and one surety in the like sum to the 4 / 4 satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaibhav