1 CGHC010156022026 2026:CGHC:30716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4209 of 2026 1 - Hem Sagar S/o Rokomadi Aged About 25 Years R/o Dangbandhi Thana Tumla District Jashpur (C.G.) 2 - Lilandri Yadav S/o Dhanoram Yadav Aged About 37 Years R/o Dangbandhi Thana Tumla District Jashpur (C.G.) 3 – Matilal @ Motilal Yadav S/o Vidyadhar Yadav Aged About 32 Years R/o Dangbandhi Thana Tumla District Jashpur (C.G.) (As Per Annexure-A/1) 4 - Aidu Lohar S/o Sabal Lohar Aged About 30 Years R/o Dangbandhi Thana Tumla District Jashpur (C.G.) ... Applicants versus State Of Chhattisgarh Through - P. S. Tumla District Jashpur (C.G.) ...Non-applicant _____________________________________________________ For Applicants :Mr. Vikas Pandey, Advocate. For Non-applicant/State:Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.21 17:57:57 +0530 2 20.07.2026 1. The Applicants have preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.67/2025 registered at Police Station Tumla, District Jashpur (C.G.), for the offences under Sections 105, 238 and 3(5) of BNS and also under Section 138 of Electricity Act. 2. Briefly stated, the facts of the case are that the wife of the deceased lodged a missing person report stating that on 12.12.2025, her husband had left home with 4–5 persons for hunting birds but did not return. During investigation, the memorandum statements of the present Applicants and the co-accused were recorded, wherein it was disclosed that they had illegally connected a live 11 KV high-tension electricity line through a wire to electrocute wild boars. It is alleged that two persons accidentally came into contact with the live wire and died due to electrocution. Thereafter, the accused persons allegedly removed the wire, concealed both dead bodies in a plastic sack, disposed of them in the Kagajpuda Dam beneath bushes and attempted to conceal the evidence. Pursuant to the memorandum statements, the articles used in the commission of the offence were recovered from the 3 accused persons. The post-mortem report opined that the deaths were caused by cardio-respiratory failure due to electric shock. Accordingly, the present offence was registered against the Applicants. Hence, this application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent and has been falsely implicated in the present case. It is contended that there is no eyewitness to establish that the Applicants had laid the live electric wire for hunting wild boars and they have been implicated merely on suspicion. It is further submitted that the deceased persons were aware that electric wires had been laid in the field and due to their own negligence, came into contact with the live wire. It is also submitted that the Applicants are not the owners of the field where the wire was allegedly laid, the investigation is complete, the charge-sheet has been filed, the Applicants are agriculturists, have no likelihood of absconding or tampering with the prosecution evidence and are in custody since 18.12.2025 and 05.01.2026 respectively and the trial is likely to take considerable time for its conclusion, therefore, they may be granted regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that charge-sheet has been filed and there are no previous criminal antecedents against the 4 present Applicants. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case diary, the fact that the present Applicants have no criminal antecedents, the investigation is complete and the charge-sheet has been filed, the period of custody of the Applicants since 18.12.2025 and 05.01.2026, respectively, and further considering that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicants-Hem Sagar, Lilandri Yadav, Matilal @ Motilal Yadav and Aidu Lohar involved in Crime No.67/2025 registered at Police Station Tumla, District Jashpur (C.G.), for the offences under Sections 105, 238 and 3(5) of BNS and also under Section 138 of Electricity Act be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/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 5 open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them 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