1 CGHC010236122026 2026:CGHC:31277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5583 of 2026 1 - Ravindra Bariha S/o Panchram Bariha Aged About 31 Years R/o Village Lankapali, P.S. Sariya, District Sarangarh-Bilaigarh Chhattisgarh 2 - Angad Bariha S/o Tulsi Bariha Aged About 30 Years R/o Village Lankapali, P.S. Sariya, District Sarangarh-Bilaigarh Chhattisgarh 3 - Ramprasad Yadav S/o Dukalu Aged About 35 Years R/o Village Karighanti, P.S. Sariya, District Sarangarh-Bilaigarh Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Sariya, District Sarangarh-Bilaigarh Chhattisgarh ... Non-applicant For Applicants : Mr. Manoj Kumar Jaiswal, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Dy, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2025 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. 90/2026 registered at Police Station Sariya, District Sarangarh- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.23 11:03:25 +0530 2 Bilaigarh (C.G.), for the offence punishable under Sections 105 & 3(5) of the BNS 2023 and Section 135 of the Electricity Act, 2005. 2. The prosecution case, the applicants, with the intention of killing wild boars, allegedly spread an iron wire connected to an 11,000 KV electricity line near Dadarpali Tar Talab. It is alleged that on the date of the incident, one Raju Bariha, while proceeding towards the area to answer the call of nature, inadvertently came into contact with the live wire and suffered an electric shock, resulting in his death. Upon receiving information regarding the incident, the police reached the spot, conducted the necessary investigation, and registered an offence against the applicants under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 135 of the Electricity Act, following which the applicants were arrested. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case. It is further submitted that although the alleged incident is stated to have occurred on 19.03.2026, the FIR was registered only on 08.05.2026, after a delay of nearly two months, which creates serious doubt regarding the prosecution case. The applicants have not committed any offence as alleged in the FIR, and no incriminating article used in the alleged incident has been recovered from their possession. It is further submitted that the applicants have no previous criminal antecedents. The investigation has been completed and the charge-sheet has already been filed; therefore, no further custodial interrogation is required and there is no likelihood of the applicants influencing the prosecution witnesses or tampering with the evidence. The applicants have been in judicial 3 custody since 08.05.2026 and 11.05.2026, respectively, and as the trial is likely to take considerable time to conclude, they deserve to be enlarged on regular bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicants, the fact that they have no criminal antecedents, that applicant Nos. 1 and 2 have remained in judicial custody since 08.05.2026 and applicant No. 3 has remained in judicial custody since 11.05.2026, and that the trial is likely to take considerable time to conclude, this Court is of the view that the present applicants are entitled to be released on bail in this case 7. Let the applicants – Ravindra Bariha, Angad Bariha & Ramprasad Yadav, involved in Crime No. 90/2026 registered at Police Station Sariya, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 105 & 3(5) of the BNS 2023 and Section 135 of the Electricity Act, 2005, be released on bail on furnishing a personal bond with two local sureties each in the like sum 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 4 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 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 vaibhav