1 2025:CGHC:4250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 125 of 2025  R.P. Jaiswal (Rajeshwar Prasad Jaiswal) S/o Late Jagannath Prasad Jaiswal, Aged About 61 Years, R/o Mission Chowk, Guru Ghasidas Ward No. 19, Kedarpur, Ambikapur, P.S. Gandhi Nagar, Ambikapur, District Surguja, Chhattisgarh. ... Applicant versus  State of Chhattisgarh through the Station House Officer, Police Station - Bhatgaon, District Surajpur, Chhattisgarh. ... Respondent For Applicant :- Mr. Qamrul Aziz, Advocate. For State :- Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/01/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 147/2024 registered at Police Station – Bhatgaon, District – Surajpur (C.G.) for the offence punishable under Section 105 of Bhartiya Nyay Sanhita, 2023 (for short ‘BNS’). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.01.24 17:25:06 +0530 2 2. Prosecution case, in brief, is that on 21.11.2024 report was lodged against the applicant that on account of negligence act of the applicant, Kishun Kumar died due to electrocution pursuant to offence under Section 105 of the BNS was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that if the case of the prosecution is taken as it is, the offence under Section 106 of the BNS would be made out, but Kishun Kumar was died due to unexpected accident and for that applicant cannot be prosecuted for offence under Section 106 of the BNS. He also submits that the applicant has not committed any negligency and the essential ingredients of alleged offence are not attracted against the applicant, therefore, the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non-applicant/State, opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature 3 and gravity of offence and also considering the fact that it was an accidental incident which led to the death of Kishun Kumar and which is not amounting to murder, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – R.P. Jaiswal (Rajeshwar Prasad Jaiswal) on executing personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) the applicant(s) 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) the applicant(s) shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) the applicant(s) 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(s) 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) the applicant(s) shall not involve himself/herself/themselves in any offence of similar nature in future. - Sd/- (Ramesh Sinha) Chief Justice Ankit