Shankar Dhanwar S/o Late Mangal Singh Aged About 32 Years R/o Suvardhar, Thana Balco v. State Of Chhattisgarh Through P.S. Balco Nagar, District Korba, Chhattisgarh. --- Non
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:15313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2248 of 2025 Shankar Dhanwar S/o Late Mangal Singh Aged About 32 Years R/o Suvardhar, Thana Balco Nagar, Korba, Tahsil And District Korba, Chhattisgarh. --- Applicant(s) versus State Of Chhattisgarh Through P.S. Balco Nagar, District Korba, Chhattisgarh. --- Non-applicant(s) MCRC No. 2536 of 2025 Manglu Dhanwar S/o Bihanu Dhanwar Aged About 29 Years R/o Suvardhar, Thana Balco Nagar, Korba, Tahsil And District Korba Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through - P.S. Balco Nagar, District Korba Chhattisgarh --- Non-applicant(s) MCRC No. 2537 of 2025 Murit Ram Kanwar S/o Shani Ram Kanwar Aged About 35 Years Caste Kanwar, R/o- Village Bela, Post Balco, Thana Balco Nagar, Korba, Tahsil And District Korba (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through- P.S. Balco Nagar, District Korba (C.G.) ---- Non-applicant(s) 2 For Applicants
Legal Reasoning
: Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/04/2025 1. Since the above bail applications are arising out of same crime number, same Police Station and same offence so they are being heard and decided by this common order. 2. The applicants have preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.632/2024, registered at Police Station Balco Nagar, District: Korba (C.G.) for the offence punishable under Sections 105 of B.N.S. and Section 135 of Electricity Act. 3. Case of the prosecution, in brief, is that on 15.10.2024 at about 8.00 am, the informer Luleshwar Rathia has lodged merg report about the death of Tikeshwar Rathia and Narayan Kanwar stating that unknown person has spread electric wire on the field for catching wild pig at that time the deceased persons came in motorcycle bearing No.CG-12AX-0699 and unfortunately came into contact with the electric wire and died on the spot. Thereafter police has lodged the F.I.R. on 11.11.24 and on the basis of memorandum of co-accused person, the present applicants have been implicated in this case. 4. Learned counsel for the applicants submits that the applicants are 3 innocent and they have been falsely implicated in this case. He further submits that the applicants are aged about 32 years, 29 years and 35 years respectively and the investigation has been completed and charge-sheet has been filed before the competent Court and in this case, there is no eye witness who has seen that the present applicants have spread the electric wire. He further submits that the incident took in open place and there was no land of the applicants and after month of incident, the FIR has been lodged against the present applicants and there is no explanation about the delay in lodging the FIR and only on the basis of memorandum of accused persons, they are implicated and they are in jail since 16.12.2024, 20.01.2025 and 16.12.2024 respectively and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned counsel appearing for the State/non- applicants would oppose the bail application of the present applicants and submits that the charge-sheet has been filed in the present case before the competent Court moreover from perusal of the case diary, it transpires that the applicant/accused, along with other co-accused, conspired to illegally hunt wild boars by laying electric wires, which resulted in the deaths of Narayan Singh and Tikeshwar Rathiya who came into contact with it. Accordingly, they are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants and further the fact that in the present case, charge-sheet has been filed before the competent Court and in this case there is no eye witness who has seen that the present applicants have spread the electric wire and the FIR has been lodged against the present applicants after a delay of one months for which no explanation has been offered in this regard and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore without further commenting anything on merits, I am inclined to grant bail to the applicants. 8. Let the Applicants- Shankar Dhanwar, Manglu Dhanwar and Murit Ram Kanwar involved in Crime No.632/2024, registered at Police Station- Balco Nagar, District: Korba (C.G.) for the offence punishable under Sections 105 of B.N.S. and Section 135 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 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 5 counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 deliberated or without sufÏcient 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal