1 2026:CGHC:114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9288 of 2025 Rajesh Kumar Rathiya S/o Gangaram Rathiya Aged About 28 Years R/o - Village - Jivri P.S. Punjipathra, District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Punjipathra District Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Ashutosh Mishra, Advocate For Non-Applicant/State : Mr. Dharmesh Shrivastava, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 236/2025, registered at Police Station – Punjipathra District Raigarh, (C.G.) for the o:ence punishable under Section 105, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The facts of the case, in brief, are that on 25.10.2025, the complainant Surau Manjhi appeared at Police Station Punjipathra and lodged a merg intimation stating that his wife, Ghasnin Manjhi, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 had left the house on 21.10.2025 at about 8:00 p.m. along with his nephew Ramkumar Manjhi, but did not return thereafter. On 22.10.2025, when the complainant enquired from Ramkumar Manjhi regarding the whereabouts of his wife, he stated that they had gone outside the village, during which he came into contact with an electric wire and became unconscious, but he did not disclose anything about the complainant’s wife. Subsequently, on 25.10.2025, the complainant found his wife lying dead near the agricultural >eld of Dilip Agrawal. It was further alleged that illegal electric hooking had been carried out by Kirtan Manjhi, Baliram Manjhi, and the present applicant Rajesh Rathiya for hunting wild boar, and that the deceased accidentally came into contact with the live electric wire and died. On the basis of the said information, an FIR was registered, investigation was initiated, and the applicant was arrested for o:ences punishable under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita (BNS). Hence, the present bail application has been >led. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any o:ence whatsoever and has been falsely implicated in the present case, with no criminal antecedents against him. There is no speci>c role attributed to the applicant, and the prosecution case is based merely on assumptions, as there is no eyewitness to connect the applicant with the alleged o:ence. It is further evident from the prosecution story itself that the >eld where the dead body was found does not belong to the applicant, and no incriminating article has been seized 3 from his exclusive possession. The applicant has been in jail since 26.10.2025, the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicant, along with other co- accused, illegally laid an electric wire for hunting wild boar, due to which the deceased came into contact with the live wire and died. The o:ence is serious in nature, resulting in loss of human life, and prima facie material is available against the applicant. Therefore, considering the gravity of the o:ence and its consequences, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature of allegations, and the material available on record, it appears that no eyewitness has attributed any role to the applicant. The >eld where the deceased was found does not belong to the applicant, and no incriminating article has been seized from his possession. The o:ence, though serious in nature, is based on assumptions and not on direct evidence against the applicant. The applicant has no previous criminal antecedents, the charge-sheet has been >led before the competent Court, and the applicant is in jail since 26.10.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on 4 bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Rajesh Kumar Rathiya, involved in Crime No. 236/2025, registered at Police Station – Punjipathra District Raigarh, (C.G.) for the o:ence punishable under Section 105, 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 >le an undertaking to the e:ect that he shall not seek any adjournment on the dates >xed 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 >xed, either personally or through his counsel. In case of his absence, without suCcient 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 >xed in such proclamation, then, the trial 5 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 >xed 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 suCcient 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. OCce is directed to provide a certi>ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan