Raigarh, Chhattisgarh v. State Of Chhattisgarh Through District Magistrate Raigarh
Case Details
1 2025:CGHC:41278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6430 of 2025 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Hari Prasad Das S/o Munudau Das Aged About 60 Years R/o Ward No.05, Purani Basti Dhimrapur, Police Station City Kotwali, District : Raigarh, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through District Magistrate Raigarh (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Hemant Kumar Agrawal, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 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. 41/2025 registered at Police Station City Kotwali District Raigarh (C.G.) for the offence punishable under Sections 105 and 110 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 22.01.2025, the applicant was selling fast food (Samosa and Bada) in front of his 2 shop from a barrow (Thela) using a 19 kg H.P. Gas cylinder. At about 13:30 hours, the filled H.P. Gas cylinder kept near the stove (Chulha) suddenly leaked and exploded, causing a fire to break out. As a result, during treatment, Padman Kumar Choudhary and Nan Bai Lakra succumbed to their injuries, while Mithlesh Singh, Ravindra Patel, Loknath Patel, Amosh Toppo, Rehamtullah Khan, and Mistry Sundar Lal sustained burn injuries. An FIR was registered under Section 110 of the BNS, and a charge sheet has been filed under Sections 110 and 105 of the BNS. Hence, the bail application. 3. Learned counsel for the applicant submits that the alleged incident occurred due to a sudden gas leakage from the bottom of a defective LPG cylinder, supplied without any order from him or his family, by the salesman of Aditya Gas Agency, Raigarh, on 22.01.2025. The cylinder was weak and cracked, leading to the fire accident. The business was run by his son, not by the applicant, who at the time was at home recovering from cataract surgery and is a 60-year-old suffering from various ailments. The applicant contends that the essential ingredients of Sections 105 and 110 BNS are missing, and at most, an offence under Sections 106 and 125 BNS (bailable) may be made out. He alleges that the FIR was lodged with a six-day delay to protect the actual culprit (the gas distributor), his own complaint against the agency was not registered, and no incriminating article was seized from him. The investigation was neither fair nor proper. The applicant is in jail since 08.07.2025, the applicant has no criminal antecedent, charge- 3 sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant was selling fast food in front of his shop from a barrow (Thela) using a 19 kg H.P. Gas cylinder, which leaked and exploded, causing a fire to break out, as as result of which, during treatment, Padman Kumar Choudhary and Nan Bai Lakra succumbed to their injuries, while Mithlesh Singh, Ravindra Patel, Loknath Patel, Amosh Toppo, Rehamtullah Khan, and Mistry Sundar Lal sustained burn injuries, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it prima facie appears that the applicant was selling fast food in front of his shop from a barrow (Thela) using a 19 kg H.P. Gas cylinder, which leaked and exploded, causing a fire to break out, as as result of which, during treatment, Padman Kumar Choudhary and Nan Bai Lakra succumbed to their injuries, while Mithlesh Singh, Ravindra Patel, Loknath Patel, Amosh Toppo, Rehamtullah Khan, and Mistry Sundar Lal sustained burn injuries, though, applicant is allegedly responsible for the alleged offence, but the matter is of accidental circumstances and the applicant has no criminal antecedent, he is in judicial custody since 08.07.2025 and charge-sheet has been filed in the present case, as such, this Court is of the view that the 7. 8. 4 applicant is entitled to be released on bail in this case. Accordingly, the application is allowed. Let the Applicant-Hari Prasad Das, involved in Crime No. 41/2025 registered at Police Station City Kotwali District Raigarh (C.G.) for the offence punishable under Sections 105 and 110 of Bharatiya Nyaya Sanhita, 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 sufÏcient 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 charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion 5 of the trial court absence of the applicant is deliberate 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 him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil