ORDER

This first bail application has been filed by the applicant under Section 482 of Bharatiya Nagarik Suraksha Sanhita,2023 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 545/2022 registered at Police Station - Khachrod District Ujjain (M.P.) for offence punishable under Section 304(A) of IPC.

As per the case of prosecution, Dilip Singh s/o Mohan Singh Rathore suffered electric shock while working at a distribution point in village Ghinoda on 21.9.2022. He was taken to Aurobindo hospital for treatment. During treatment Dilip Singh succumbed to death around 2 am on

26.9.2022. Police Station Khachrod registered unnatural death intimation. The dead-body of Dilip Singh was forwarded for postmortem examination. The Medical Officer opined that Dilip had died due to shock as a result of electrocution burn injuries and further complications. During investigation, it NEUTRAL CITATION NO. 2025:MPHC-IND:571 Signed by: BHUNESHWAR was revealed that Durgesh Dhidode Supervisor did not properly supervise the electrification work. The electric lineman Nasir Khan (applicant) asked Dilip to work at the distribution point without proper safety equipment. Dilip got electrocuted due to negligence of Durgesh Dhidode and Nasir Khan. The Grid operators Manish Bharawa and Tej Kumar removed the name of Durgesh Dhidode from the permit book, so as to conceal the evidence. The Police Station Khachrod registered FIR at crime No. 545/2022 for the offence punishable under Section 304(A) of IPC against Durgesh, Manish, Tej Kumar and Nasir. On completion of investigation, final report was submitted for offences punishable under Sections 304(A), 193, 196, 197, 201 and 120(B) of IPC. Learned Judicial Magistrate, while framing the charges, opined that offence punishable under sections 304 and 468 of IPC is also made out, therefore, cancelled earlier bail granted to the applicant and directed issuance of warrant of arrest against the applicant vide order dated MCRC-55230-2024 21.10.2024. The applicant is apprehending arrest in the matter.

Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. Learned counsel further submits that applicant was working as Lineman with Madhya Pradesh Western Regional Electric Distribution Company Ltd. The deceased Dilip Rathore was an outsource employee. No offence, as alleged, is made out against the applicant as there was no mens rea , intention or knowledge to cause death of Dilip. It was an unfortunate accident. Initially, the applicant was extended benefit of bail by the trial court as all offences alleged against the applicant in the final report NEUTRAL CITATION NO. 2025:MPHC-IND:571 Signed by: BHUNESHWAR were bailable. The applicant has duly complied with the notice under Section MCRC-55230-2024

41(A) of Cr.P.C. and co-operated in the investigation. He did not misuse the liberty granted by the trial Court. There is no likelihood of absconsion leaving his family, home and job. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with evidence by the applicant. He is ready to co-operate in the trial. Therefore, applicant may be extended the benefit of anticipatory bail.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence.

Heard learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. Thus, the application is allowed.

Accordingly, it is directed that in the event of his arrest, applicant - Nasir Hussain shall be released on bail in connection with Crime No. 545/2022 registered by P.S. Khachro