1 2025:CGHC:4525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8904 of 2024 1. Mayank Yadav S/o Shri Kartik Ram Yadav Aged About 29 Years R/o Village Khuruslenga, Thana- Tamnar, District- Raigarh, Chhattisgarh. 2. Ghanshyam Nishad S/o Shri Lalit Nishad Aged About 24 Years R/o Village Khuruslenga, Thana- Tamnar, District- Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Tamnar, District- Raigarh, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.01.2025 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. 267/2024, registered at Police Station – Tamnar, District- Raigarh (C.G.) for the offence punishable under Sections 105 and 238 of the Bharatiya Nyaya Sanhita, 2023( for short ‘BNS’). 2. The case of the prosecution, is brief is that on 11.10.2024 the informant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.25 14:04:19 +0530 2 Mangal Banjara along with Bodhram and Kotwar Dhanurjay Chauhan had given the merg intimation with respect to death of Saroj Banjara to the Police of Police Station Tamnar and upon merg enquiry it was found that the deceased has died due to electric shock which he received from the current flowing through G.I. wire laid down for catching wild pig by unknown person illegally knowing that it is dangerous and anyone could get shock from it and the dead body of the deceased was hidden in order to hide the dead body, therefore, the offence has been registered against the unknown person and during the investigation the memorandum of the applicants has been recorded and only on that basis they have been arrested. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the applicants along with the deceased had gone at agriculture field for fixing G.I. wire for catching wild pig and the deceased died on account of the same and the applicants to have received injuries. It is further submitted that the the applicant No. 1 is having four criminal antecedents, out of which two are Istagasas and in one case registered as Crime No. 12/2017 under Sections 294, 506, 323 of IPC, Section 3(1) (r)(s) of SC/ST Act in which he has been acquitted, and Crime No. 124/2019 under Section 294, 506, 323,34 of IPC which has been disposed of on the basis of compromise and applicant No. 2 has no previous criminal antecedents. Further the charge-sheet has been filed in this case. The applicants are in jail since 23.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail 3 application and submits that the charge-sheet has been filed in this case. She further submits that the applicant No.1 has three previous criminal antecedents. Therefore, they are not entitled for grant of bail. 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 applicants and the fact that the applicants along with the deceased had gone at agriculture field for fixing G.I. wire for catching wild pig and the deceased died on account of the same and the applicants to have received injuries, further the applicant No. 1 has four criminal antecedents, out of two are istagasa which are old and stale and two cases are under the IPC in which in one case he has been acquitted and in another case is disposed of, further the charge-sheet has been filed and the applicants are in jail since 23.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Mayank Yadav and Ghanshyam Nishad, involved in Crime No. 267/2024, registered at Police Station – Tamnar, District- Raigarh (C.G.) for the offence punishable under Sections 105 and 238 of the Bharatiya Nyaya Sanhita, 2023( for short ‘BNS’), be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 applicants 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce 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