IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 11 OF DECEMBER, 2024 MISC. CRIMINAL CASE No. 48718 of 2024 DURGESH AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Makbool Ahmad Mansoori advocate for the applicants.

Shri Santosh Singh Thakur public prosecutor for State.

ORDER This first bail application has been filed by the applicants under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No. 545/2022 registered at Police Station - Khachrod District Ujjain (M.P.) for offence punishable under Sections 304, 193, 196, 197, 201, 120-B, 468 of IPC.

As per the case of prosecution, Dilip Singh son of 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 Signature Not Verified Signed by: BHUNESHWAR electrocution burn injuries and further complications. During investigation, it was revealed that Durgesh Dhidode Supervisor did not properly supervise the electrification work. The electric lineman Nasir Khan 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 destroy the evidence. The Police Station Khachrod registered FIR at crime No. 545/2022 for the offence punishable under Sections 304, 193, 196, 197, 201, 120-B, 468 of IPC against Durgesh, Manish, Tej Kumar and Nasir. On completion of investigation, final report was submitted. The case is pending for committal.

Learned Counsel for the applicants in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. Applicant Durgesh was not present at the time of unfortunate incident. Learned counsel further submits that applicants are working with Madhya Pradesh Western Regional Electric Distribution Company Ltd. The deceased Dilip Rathore was an outsource employee. Initially, the applicants were extended benefit of bail by the trial court as all offences alleged against the applicants in the final report were bailable. Later, at the time of committal of the case, learned trial court opined that the offence punishable under Section 304 of IPC is made out. The bail bonds of applicants were cancelled and warrants of arrest were issued against them. Learned counsel further submits that applicants have duly complied with the notice under Section 41(A) of Cr.P.C. and co-operated in the investigation.

Signature Not Verified Signed by: BHUNESHWAR They did not misuse the liberty granted by the trial Court. There is no likelihood of absconsion leaving their families, home and job. No criminal antecedent is reported against any of the applicant. There is no likelihood of tampering with evidence by the applicants. They are ready to co-operate in the trial. Therefore, applicants 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 applicants. Thus, the application is allowed.

Accordingly, it is directed that in the event of arrest, applicants -

Durgesh, Manish and Tejkumar shall be released on ba