1 2025:CGHC:9166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1490 of 2025 Punauram Patel S/o Kariya Urf Gadaray Patel Aged About 55 Years R/o Chandandongari, Botalda, Police Station Kharsiya, District Raigarh Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kharsiya, District Raigarh Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Simit Singh Rathore, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 764/2024 registered at Police Station Kharsiya, District Raigarh (C.G.) for the offence punishable under Section 105 of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 135 of Electricity Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 06.11.2024, the complainant, Kawalsingh Dhanwar, lodged a complaint at the Kharsiya Police Station, alleging therein that his nephew, Tilakram Dhanwar (the deceased), had left his uncle Teklal Dhanwar's house on 04.11.2024, in the morning but had not returned home. Later, on 06.11.2024, some village women informed him that his nephew's body was found near Joba Talab with a boring machine cable (electric wire) wrapped around his hand. Based on this information, the police registered a merg intimation and, during the investigation, discovered that the applicant had illegally connected the electricity cable to his boring machine from a nearby electricity pole. Consequently, the police registered a crime against the applicant and arrested him. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has never installed illegal electric connection and he was regularly using the boring machine for daily for agricultural purpose, but there was no such incident ever caused to him. He also submits that the authorities of the Electricity Board are trying to keep their hands clean and therefore, they indulge the applicant in the present case. The applicant is in jail since 16.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant had fenced his agricultural field with an electric wire, which the complainant's nephew came into contact with, resulting in his death, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 16.12.2024, the fact that though the allegation against the applicant that he had fenced his agricultural field with an electric wire, which the complainant's nephew came into contact with, resulting in his death, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Punauram Patel, involved in Crime No. 764/2024 registered at Police Station Kharsiya, District Raigarh (C.G.) for the offence punishable under Section 105 of BNS and Section 135 of Electricity Act, be released on bail on his furnishing a personal bond with two sureties in the like sum 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 4 open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil