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2026 DAILYLAW 24070 (CHH)

VISHWANATH MANJHI v. STATE OF CHHATTISGARH

MCRC/5762/2026 · 2026-06-30

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Judgment text

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1 2026:CGHC:26880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5762 of 2026 1. Vishwanath Manjhi S/o Late Kamal Manjhi Aged About 37 Years R/o Sakin Askara Midiyakona Police Station - Kamleshwarpur District- Surguja (C.G.) 2. Dhursai Manjhi S/o Late Sunder Sai Manjhi Aged About 35 Years R/o Sakin Askara Midiyakona Police Station- Kamleshwarpur District- Surguja (C.G.) ... Applicants versus State of Chhattisgarh Through Investigating Officer/ Police Station- Kamleshwarpur District- Surguja (C.G.) ... Non-applicant For Applicants : Mr. Arpan Verma, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 15/2026 registered at Police Station : Kamleshwarpur, District - Surguja (C.G.) for the offence punishable under Sections 105 R/w Section 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 135 of the Electricity Act, 2003. 2. As per the prosecution story, in brief, the complainant, along with his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.02 11:24:25 +0530 2 brother-in-law and others, had gone to the forest. While walking inside the forest, the deceased, Mishrilal Yadav, suddenly fell to the ground and started struggling. It was found that a thin, naked electric wire carrying live current had become entangled with his body, resulting in his death due to electrocution. The prosecution alleges that the said wire had been illegally connected to an electricity source by an unknown person for the purpose of trapping or killing wild boars. It is further alleged that Mishrilal Yadav came into contact with the live wire and died on the spot due to electrocution. The complainant further alleged that the unknown person had knowingly laid the electrified wire in the forest, being aware that any person or animal coming into contact with it could suffer death. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case solely on the basis of the memorandum statement of the co-accused. Except for such memorandum, there is no direct or circumstantial evidence connecting the present applicants with the alleged offence. He also submits that the prosecution story itself discloses that the deceased came into contact with an electric wire allegedly installed by an unknown person. The F.I.R. does not attribute any overt act or assign any specific role to the present applicants. He further submits that no material has been collected during the course of the investigation to demonstrate that the applicants installed, laid, connected, or maintained the alleged electric wire. He submits that the present applicants have no criminal antecedents and they are in jail since 26.03.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been 3 submitted before the competent Court in the present case and also endorse the submission made by learned counsel, for the applicants that the present applicants have no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicants have no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the applicants have been in jail since 26.03.2026 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Vishwanath Manjhi and Dhursai Manjhi , involved in Crime No. 15/2026 registered at Police Station : Kamleshwarpur, District - Surguja (C.G.) for the offence punishable under Sections 105 R/w Section 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 135 of the Electricity Act, 2003, be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their 4 counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. 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 Abhishek