2024:CGHC:46809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Shivcharan Sahu S/o Sadhusharan Aged About 48 Years R/o Village Ranai, Police Station And Tahsil Patna, District Koriya Chhattisgarh ... Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Patna, District Koriya Chhattisgarh ... Respondent (Cause title is taken from the CIS)

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For Applicant : Shri Anil Gulati, Advocate For Respondent/State : Shri Jitendra Shrivastava, GA ------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

28.11.2024

1. Pursuant to order dated 07.11.2024, complainant appears through virtual mode from DLSA Koriya, Baikunthpur, and raised objection in granting bail to the appellant. Her objection is taken on record.

2. The instant Criminal Appeal filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) against the order dated 10.10.2024, passed by the learned Special Judge (Electricity Act), Koriya, Baikunthpur (CG) in Bail Application No.286 of 2024, whereby, the application filed by the appellant under Section 483 of the BNSS, has been rejected.

3. Brief facts of the case are that on 30.06.2024, at about 9 am, appellant called the deceased-Ashish Kurre for repairing of electricity connection of his house, and during the repair work, deceased came into contact with live electric current, by which he got injured due to electrocution, and ultimately, died during treatment at the hospital. Merg was intimated to the Police and FIR has been registered against the appellant, in which he has been arrested on 08.10.2024.

After investigation, charge-sheet has been filed.

4. Learned counsel for the appellant would submit that there is no negligence caused by the present appellant, as he called the deceased for repairing of electricity of his house, and during the repair work, deceased came into contact with live electric current, by which he got injured due to electrocution, and ultimately, died during treatment at the hospital. There is no any intention, or knowledge that the deceased would come into contact with electric current, or he would be killed in repairing work of his house. He would also submit that since the appellant belongs to Scheduled Caste Community, offence under Section 3(2)(v) of the SC/ST Act has been added. Applicant is the only bread winner of his family, who is in jail since 08.10.2024. Investigation has been completed, and charge-sheet has been filed. Final adjudication of the case will take its own time. Therefore, appellant may be enlarged on bail.

5. On the other hand, learned counsel for the State opposes and would submit that there is sufficient evidence in the charge-sheet that the appellant has taken illegal electric connection from the electric pole, which itself shows his negligence, and while repairing the electric connection of his house, deceased came into contact with live electric current, by which he died. Hence, he is not entitled for bail.

6. Considering the submissions made by learned counsel for the parties, also considering nature of allegation, as also the fact that during the repairing work of electric connection of his house, deceased came into contact of live electric current, and ultimately he died, further considering the totality of facts of the case, without commenting anything on merits of the case, I am inclined to release the appellant on bail.

7. Accordingly, the order dated 10.10.2024 passed by the learned Special Judge (Electricity Act), Koriya, Baikunthpur (CG) in Bail Application No.286 of 2024 is set aside. The appeal filed by the appellant- Shivcharan Sahu, s/o Sadhusharan, is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- w