Manoj Sahu S/o Setram Sahu, Aged About 35 Years R/o House No. 81, Nawdha v. State of Chhattisgarh Through S.H.O. of The Police Station- Dharamjaigarh, and District Raigarh
Case Details
1 2025:CGHC:39496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6000 of 2025 Manoj Sahu S/o Setram Sahu, Aged About 35 Years R/o House No. 81, Nawdha Chowk, Chotechedgaon, Police Station And Tahsil Kharsiya And District Raigarh (Chhattisgarh) --- Applicant versus State of Chhattisgarh Through S.H.O. of The Police Station- Dharamjaigarh, and District Raigarh (Chhattisgarh) --- Non-applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.08 12:02:07 +0530 MCRC No. 6236 of 2025 Pramod Sahu S/o Santosh Sahu Aged About 33 Years R/o Village- Baturabahar Police Station - Pathalgaon Tehsil- Pathalgaon, Distt.- Jashpur, (C.G.) Currently Residing- Nawapara Gharghoda District- Raigarh (C.G.) ---Applicant Versus State of Chhattisgarh Through Police Station- Dharamjaigarh, District - Raigarh (C.G.) --- Non-applicant For Applicant (in MCRC No. 6000/2025) For Applicant (in MCRC No. 6236/2025) For Non-applicant/State
Legal Reasoning
: Mr. Abhishek Saraf, Advocate. : Ms. Anju Ahuja, Advocate. : Ms. Shubha Shrivastava, Panel Lawyer. 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08//2025 1. Since the above-mentioned two bail applications arise out of same crime
Decision
number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who has been arrested in connection with Crime No. 98/2025 registered at Police Station - Dharamjaigarh, District - Raigarh (C.G.) for the offence punishable under Sections 105, 303(1), 62, 238, 3(5) of Bharatiay Nyaya Sanhita, 2023 (in MCRC No. 6000/2025) and offence under Sections 105, 3(5), 303(1) and 62 of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 6236/2025). 3. Case of the prosecution, in brief, is that Security guard Ramlal, Lineman Vijapal, alongwith Amit Mahant lodged Merg Intimation at Police Station Dharamjaigarh, that, on 27-03-2025 Lineman Amit Mahant informed that, one abandoned dead body found beside Railway line pole Dharamjaigarh, seems that, he died due to come in touch with high tension electricity wire, during investigation it was found that, on 26-03-2025 deceased Dinesh Sahu alongwith his friends Naresh Chouhan, Manoj Kumar Sarthi, Naresh Sahu. Chandan Kumar Sarthi and Pramod Sahu and applicant involved in theft of High Tension Electricity Wire and deceased was the only electrician in the group, therefore, he was with the help of others tried to cut the wire and died on the spot and thereby committed the offences, on the basis of such investigation offences under sections 105, 303(1), 62, 238, 3(5) of the Bhartiya Nyay Sanhita 2023 were registered against applicant and others and arrested on 17-04-2025 and charge sheet has been filed in the case. 4. Learned counsel for the applicants submits that the applicants are 3 innocent and have been falsely implicated in the case. They further submitted that the deceased Dinesh Sahu along with his friends including the applicant himself involved in the theft of High Tension Electricity Wire and deceased was the only electrician in the group, therefore he was with the help of others tried to cut the wire and died on the spot and thereby committed offences. Further, the present applicants have no criminal antecedents, they are said to be in jail since 17.04.2025 and 24.06.2025 respectively and further the charge-sheet has been filed. Thus, looking to the above, it is prayed that the applicants may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that upon perusal of the case record, it is revealed that the applicants/accused, in collusion with other co-accused persons, was involved in a criminal conspiracy to commit theft of electric wires belonging to the Railways, which is government property. It is alleged that, as part of this conspiracy, they proceeded towards Dharamjaigarh near the pole of the Kharsia-Dharamjaigarh Railway Line at Gersa to commit the said theft. During the act of cutting the wire with a cutter, one of the individuals (now deceased) died due to electrocution, as a result of which the applicant/accused has been charged with culpable homicide, hence, they are not entitled for grant of bail. I have heard learned counsel appearing for the parties and perused the case diary. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicants and the fact that the deceased, Dinesh Sahu, along with his friends including the present applicant, was involved in the alleged theft of high-tension electricity wire, 6. 7. 4 further, the deceased was the only electrician among them and, with the assistance of others, attempted to cut the wire, during the process, he suffered electrocution and died on the spot, therefore, the applicants have been implicated in the present case on account of this incident, further, the present applicants have no criminal antecedents, they are said to be in jail since 17.04.2025 and 24.06.2025 respectively, and further the charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail applications are allowed. Let the applicant - Manoj Sahu (in MCRC No. 6000/2025) and applicant - Pramod Sahu (in MCRC No. 6236/2025) involved in Crime No. 98/2025 registered at Police Station - Dharamjaigarh, District - Raigarh (C.G.) for the offence punishable under Sections 105, 303(1), 62, 238, 3(5) of Bharatiay Nyaya Sanhita, 2023 (in MCRC No. 6000/2025) and offence under Sections 105, 3(5), 303(1) and 62 of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 6236/2025), 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 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 applicants 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 5 Nyaya Sanhita. (iii) In case, the applicants 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 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 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. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti