1 2026:CGHC:17893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2095 of 2026 Jagat Singh S/o Late Indra, Caste Gond Aged About 35 Years, R/o Village Aamadamak, Police Station Kelhari, District Manendragarh- Chirmiri-Bharatpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Kelhari, District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ... Respondent For Applicant : Shri Hemant Kumar Agrawal, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.60/2025 registered at Police Station Kelhari, District- Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 135-1(b) of C.G. Electricity Act & sections 105, 238 & GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.21 19:09:53 +0530 2 3(5) of B.N.S. (Corresponding Section 304, 201, 34 of the IPC) (as per submitted charge-sheet). 2. Case of the prosecution, in brief, is that on 22.10.2025 at about 12:00 A.M. (midnight), the deceased, Pushwaram, along with some other persons, went to the forest to search for the daughter of his elder brother, Dindayal. In the said forest, certain unknown persons had spread a G.I. wire for the purpose of hunting wild pigs. At about 1:30 A.M., Pushwaram came into contact with the said G.I. wire through which electricity was flowing, resulting in his death. An FIR was registered against unknown persons after a delay of seven days, on 28.10.2025. During the course of investigation, it was found that the applicant and other co-accused persons, in furtherance of their common object to hunt wild pigs, had spread the G.I. wire and connected it to a transformer installed in the forest. After completion of the investigation, a charge-sheet has been filed under Section 135(1) (b) of the C.G. Electricity Act and Sections 105, 238, and 3(5) of the B.N.S. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The FIR was lodged after an unexplained delay of seven days against unknown persons. The alleged seizure consists only of 1.5 kg G.I. wire and empty 180 ml glass bottles from an open place, which does not connect the applicant with the offence. He would submit that the case rests purely on circumstantial evidence, and the applicant was arrested merely on suspicion. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/12/2025 and 3 conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. He would submit that the applicant and co-accused persons, in furtherance of their common object to hunt wild pigs, illegally laid a G.I. wire in the forest and connected it to a live electricity source (transformer) and due to this act, the deceased, Pushwaram, came into contact with the electrified wire and died. Accordingly, the applicant and co-accused persons are alleged to be responsible for causing death by their unlawful and negligent act, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, though allegation against the applicant and co-accused persons is that they acted with a common intention to hunt wild pigs, allegedly laid a G.I. wire in the forest and illegally connected it to a live transformer, as a result, the deceased came into contact with the electrified wire and died but considering the fact that charge sheet has been filed, period of detention of the applicant since 9/12/2025, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the 4 view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Jagat Singh, involved in Crime No.60/2025 registered at Police Station Kelhari, District-Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 135-1(b) of C.G. Electricity Act & sections 105, 238 & 3(5) of B.N.S., 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 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 5 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri