CHHATTISGARH AT BILASPUR MCRCA No. 1317 of 2025 • Manoj Kumar Gaikwad v. • State Of Chhattisgarh Through Station House Officer, P.S. Bemetara District

: Mr. Vivek Sharma, Advocate For Respondent/State : Ms. Shubha Sharma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025

This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.164/2024 registered at Police Station Officer- Bemetara, District- Bemetara (C.G.) for the offences punishable under Sections – 304 of IPC and 34 & 138 of Electricity Act.

As per the case of the prosecution, on 09.06.2024 at 4:00 PM Jitendra (deceased) went alone to applicant’s filed where he died due to electric shock after coming in contact with a service wire that was 2 lying on the field of applicant and during the investigation it has been identified that the connection was taken by the applicant namely Jagmohan and a FIR was lodged in police station on 22.03.2025 for offence under Sections 304 & 34 of the IPC 1860 and Electricity Act,

2005. Hence, this bail application.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It is argued by learned counsel for the applicant is that applicant along with one Jagmohan Gaikwad is said to involved in the present case and he further argued the deceased, who was found dead in the field of applicant on account of electric shock. He also submits that FIR has been lodged against the present applicant after nine months of the said incident. Further, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.

On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that FIR has been lodged against the present applicant after nine months of the incident and the conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case. 3

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manoj Kumar Gaikwad, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali