- 1 - aba1658.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 919 ANTICIPATORY BAIL APPLICATION NO. 1658 OF 2026 Dayanand Namdeo Kamble ….Applicant VERSUS The State of Maharashtra …..Respondent Mr. M. P. Kale, Advocate holding for Mr. S. S. Solanke, Advocate for Applicant. Ms. P. J. Bharad, APP for the State. CORAM : R. M. JOSHI, J. DATE : 16th SEPTEMBER, 2026. PER COURT : 1. Applicant seeks pre-arrest bail in connection with Crime No. 0263/2026, registered with Majalgaon City Police Station, District Beed, for the offences punishable under Sections 105 r/w 3(5) of Bharatiya Nyaya Sanhita. 2. First Information Report indicates that on 09.08.2026, after obtaining permit for the period from 11.00 am to 4.00 pm, work of erection of DP was conducted by the contractor. Present Applicant was the supervisor of the said work. The labour who was working on the poll came into the contact with the live wire of electricity company and on account of electrification he died. - 2 - aba1658.26.odt 3. Learned Counsel for Applicant submits that once permit is obtained, it is the duty of the electricity company to ensure that the electricity connection is disconnected. It is his submission that to disconnect electricity or not is not within the powers of the supervisor. It is his submission that having regard to these facts, the Applicant cannot be said to be involved in the crime in question. 4. Learned APP opposed grant of any protection to the Applicant by referring to the First Information Report so also the fact that it was the responsibility of the Applicant being supervisor to take utmost care while performing said work. 5. Admittedly, the work was done pursuant to obtainment of permit. If it is so, it was the responsibility of the electricity company to ensure that the electricity supply is disconnected during this period. There is no dispute about the fact that on account of pole coming into contact with the live wire, electrification occurred. This Court, therefore, finds substance in the contention of learned Counsel for the Applicant that Applicant may not be responsible for - 3 - aba1658.26.odt the same. Having regard to these facts, liberty of the Applicant deserves to be protected. Hence, the following order :- ORDER (i) In the event of arrest of applicant Dayanand Namdeo Kamble, in connection with Crime No. 0263/2026, registered with Majalgaon City Police Station, District Beed, for the offences punishable under Sections 105 r/w 3(5) of Bharatiya Nyaya Sanhita, he be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety in the like amount. (ii) He shall attend the concerned police station as and when called. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever. (v) He is urther directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to the concerned Investigating Officer. ( R. M. JOSHI, J.) dyb