1 2025:CGHC:51732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1611 of 2025 Swaroop Singh S/o Sarodhan Singh, Aged About 44 Years R/o Village Kargikala, P.S. And Tahsil- Marwahi, District Gourela- Pendra- Marwahi (C.G.) ...Applicant versus State Of Chhattisgarh Through Officer In Charge, P.S. Marwahi, District Gourela- Pendra- Marwahi (C.G.) ...Non-applicant For Applicant : Mr. Shyam Kumar, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 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. 154/2025 registered at Police Station – Marwahi, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.27 14:39:41 +0530 2 District – Gourela – Pendra Marwahi (C.G.) for the offences punishable under Section 105 of the BNS 2023. 2. The prosecution story in brief is that on 28.08.2025 at about 2:30 p.m., Geetram Sarathi was playing with his friends near the Ganesh Pandal at Kargikala, Nadiyatola. The house and agricultural field of applicant were situated at a distance of about 50 meters from the said Ganesh Pandal. Applicant was illegally drawing an electric wire from his house to his field without permission from the Electricity Department and had charged the wire with electric current for the protection of his crop from animals. During this time, the said electric wire came into contact with the deceased child Geetram, who was electrocuted and died on the spot. applicant has not committed any crime. Since, because of this reason that the bail application of the present applicant has been dismissed on 15.09.2025 by lower court, hence this bail application is being filed before this Hon'ble court. 3. The applicant submits that she is innocent and has been falsely implicated in the present case. He further submits that the appellant neither committed nor participated in any act constituting the alleged offences. The FIR was lodged after an inordinate delay, without any explanation, and without conducting a preliminary enquiry, in violation of the guidelines of the Hon’ble Supreme Court, and no specific date or time of the alleged incident has been mentioned. The allegations relate primarily to 3 financial transactions and documentary evidence, which can be effectively investigated without custodial interrogation, and no incriminating material is pending recovery from her possession. The repeated transactions over several months indicate the possibility of a civil dispute rather than a criminal offence. The offences alleged are mostly bailable, and there is no prima facie evidence directly linking her to the alleged forgery, while the co- accused has already been granted anticipatory bail. The applicant has no prior criminal record, poses no risk of absconding, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case and upon perusal of the case diary, it appears that a minor child named Geetram Sarathi came into contact with a live electric wire allegedly drawn illegally by the present applicant from his house to his agricultural field for the purpose of crop protection, resulting in the electrocution and death of the said child on the spot. The material collected during investigation prima facie indicates that the applicant had drawn the electric connection without authorization from the Electricity Department and had 4 charged the wire with current, which demonstrates his negligent and unlawful act directly causing the fatal incident. The act attributed to the applicant is grave in nature. Considering the seriousness of the offence and the fact that the act resulted in the loss of a human life, I do not find any ground to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant – Swaroop Singh, involved in Crime No. 154/2025 registered at Police Station – Marwahi, District – Gourela – Pendra Marwahi (C.G.) for the offences punishable under Section 105 of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav