1 2026:CGHC:9066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.406 of 2026 Suraj Rajwade S/o Bikul Ram Rajwade Aged About 38 Years R/o Aspatalpara, Lahpatara, Police Station Lakhanpur, Tahsil Lakhanpur, District - Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through The S.H.O. Police Station Lakhanpur District - Surguja (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Ms. Prachi Diwan, Advocate. For Non-applicant/State :Ms. Vaishali Mahilang, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2026 1. The Applicant has preferred this 1st 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.254/2025 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.20 18:01:07 +0530 2 Station Lakhanpur, District Surguja (C.G.), for the offence under Section 105 of BNS and also under Section 135 of Electricity Act. 2. As per the prosecution story as well as the F.I.R. (annexed herewith as Annexure A/2), it is alleged that the police initially registered a merg and conducted an inquiry into the death of Amrita Bal. During the course of inquiry, the statements of the husband of the deceased namely Motilal Rajwade, and other witnesses, namely Mouna Rajwade, Smt. Sunati Rajwade and Tileshwari Rajwade were recorded. As per their statements, it was alleged that the Applicant had illegally drawn an electric connection from an electric pole for the purpose of running a motor pump in his field. It is further alleged that while the deceased was cutting grass in the field of Bhagwan Das, she came into contact with the said wire, became unconscious and subsequently died during treatment at the hospital. On the basis of the statements of the witnesses, a crime has been registered against the Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that at the time of the incident, the Applicant was not present at the spot and had no intention or 3 involvement in causing any harm to the deceased, yet he has been implicated by the police merely on suspicion. She further submits that the post-mortem report clearly indicates that the death occurred due to electric shock and the incident allegedly took place during daytime when the wire and surrounding circumstances were visible; therefore, no overt act or direct role of the Applicant is established. It is also submitted that there are no eyewitnesses or direct evidence connecting the applicant with the alleged offence. The Applicant has no criminal antecedents, he is in judicial custody since 22.10.2025 and the trial will take considerable time to conclude; therefore, considering his period of detention, he may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the present Applicant has no previous criminal antecedents and charge sheet has been filed. 5. Considering the nature of allegations and the material available in the case diary, this Court finds that the investigation has been completed and the charge-sheet has already been filed, therefore further custodial detention of the Applicant is not necessary. It is also noted that the Applicant has no criminal antecedents. The Applicant is in judicial 4 custody since 22.10.2025 and has remained in detention for a considerable period. In view of the period of detention, filing of the charge-sheet and absence of any previous criminal antecedents, without further commenting anything on the merits of the case, this Court is of the opinion that it is a fit case to allow the application for bail. Accordingly, the bail application is allowed. 6. Let Applicant-Suraj Rajwade involved in Crime No.254/2025 registered at Police Station Lakhanpur, District Surguja (C.G.), for the offence under Section 105 of BNS and also under 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 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 sufficient 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 5 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 sufficient 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. 7. Office 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 Priya