Ramsingh Gond v. State Of Chhattisgarh Through Officer-In-Charge Police Station
Case at a glance
Outcome
Bail granted
Accordingly, the bail application is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860
- Electricity Act, 2003 ss. 135, 139
Key paragraphs
- Para 77. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court…
Judgment
: Mr. Kriplesh Kela, Advocate For State : Mr. Amit Verma, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 01/02/2024
Applicant has filed this application under Section 439 of Cr.P.C. for grant of regular bail as he has been arrested in connection with Crime No.591/2023 registered at Police Station –Kasdol, District- Balodabazar-Bhatapara for the offence punishable under Section 304-A of IPC and Sections 135, 139 of the Electricity Act, 2003.
Case of the prosecution, in brief, is that when deceased Khagesh Chouhan and Nandlal were traveling on motorcycle , they came in contact with the live GI wire which was connected with the high voltage electricity supply connection, Khagesh -2- came in contact of wire, died due to electrocution. Incident was reported to the concerned police station, based upon which, the aforementioned crime was registered, during investigation, applicant was arrested on 05.12.2023.
Learned counsel for the applicant submits that the applicant has not committed any offence. He has been falsely implicated in the crime. There is no connecting piece of evidence against the applicant except his memorandum statement. Applicant is in jail since 05.12.2023, therefore, he may be enlarged on bail.
Learned counsel for the State opposed the submission of learned counsel for the applicant. He submits that illegal electric connection was taken for the purpose of catching wild pig. However, upon asking, as to what is the material available in the charge sheet, he submits that applicant admitted his guilt in the memorandum statement and at his instance, GI wire is also seized from his house.
I have heard learned counsel for the parties.
Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties, material available in the charge sheet, applicant is in jail since 05.12.2023, without commenting anything on merits of the case, I am inclined to allow the bail application. -3-
Operative part
Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court on the conditions that:- a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance. b) Applicant shall not, in any manner, tamper with the prosecution witnesses. Certified copy as per rules. (Parth Prateem Sahu) Judge Sd/--/-/---/-/- Praveen
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860; Electricity Act, 2003 — ss. 135, 139.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.