Citation : 2026 Latest Caselaw 141 Chatt
Judgement Date : 27 February, 2026
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR 2026:CGHC:10303
Date: 2026.02.28
14:48:49 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2049 of 2026
1 - Nehru Ram S/o Chaman Ram Aged About 30 Years R/o
Chheraghoghara Thana - Kansabel District- Jashpur (C.G.)
2 - Jagdish Kujur S/o Late Dayal Kujur Aged About 30 Years R/o
Village- Chundarha Thana Kansabel District- Jashpur (C.G.)
3 - Satanand Chouhan S/o Mansay Chouhan Aged About 37 Years R/o
Badhnijharia Thana Kansabel District- Jashpur (C.G.)
4 - Sudeep Lakra S/o Pradeep Lakra Aged About 30 Years R/o Village-
Chundarha Post- Chheraghoghara Thana - Kansabel District- Jashpur
(C.G.)
5 - Ashok Kumar Painkra S/o Bimal Sai Painkra Aged About 39 Years
R/o Chhoraghoghara Kenadand Jashpur Kansabel District- Jashpur
(C.G.)
...Applicants
versus
State Of Chhattisgarh Through- P.S. Kansabel, District- Jashpur (C.G.)
.. Respondent
For Applicants : Shri Vikas Kumar Pandey, Advocate.
For : Smt. Smriti Shrivastava, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
27/02/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicants who have been arrested in
connection with Crime No.154/2025 registered at Police Station
Kansabel District Jashpur (C.G.) for the offence punishable under
Section 105 of B.N.S. Act and Section 135 of Electricity Act.
2. Case of the prosecution, in brief, is that the complainant namely
Indranath Yadav has lodged report to the concerned police station
alleging that on 02/12/25 his father deceased Dashrath Yadav has
stayed in the temporary cowshed constructed in a Badnijhriya
forest to look after and feed the buffaloes. When the deceased did
not returned home till next date of morning, a search was
conducted and the deceased was found lying there dead after
being electrocuted by a live wire connected to an electric pole for
killing pigs. Thereafter police has registered Crime No.154/2025
for offence U/S 105 of B.N.S. and 135 of Electricity Act against the
accused person.
3. Learned counsel for the applicants submits that present applicants
are innocent and they have been falsely implicated in the present
case. He would submit that the applicants are agriculturist and are
villagers and before the incident the Kotwar has told the
complainant that the electric wires have been laid towards
Badnijhariya forest for hunting wild boars and also informed
cowshed. He would submit that in this case there are no eye
witness to show that the applicants have laid down live wires for
hunting of pigs, on the basis of suspicion and village politics the
complainant implicated the applicants. He would submit that the
applicants belong to different caste and they are not owner of field
where the live wire was laid down. He would submit that the
charge sheet has been filed in this case, the applicants is in jail
since 03/12/2025 and conclusion of trial will take some time,
therefore, he prays for grant of bail to the applicants.
4. On the other hand, learned State Counsel opposes the bail
application and she would submit that charge sheet has been filed
in this case before the competent court.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
nature of allegation levelled against the applicants, period of
detention of the applicants since 03/12/2025, charge sheet has
been filed and also considering the fact that trial is likely to take
some time for its conclusion, therefore this Court is of the view
that the applicants are entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that
the Applicants- Nehru Ram, Jagdish Kujur, Satanand
Chouhan, Sudeep Lakra & Ashok Kumar Painkra, involved in
Crime No.154/2025 registered at Police Station Kansabel District
Jashpur (C.G.) for the offence punishable under Section 105 of
B.N.S. Act and Section 135 of Electricity Act, be released on bail
on each of them furnishing a personal bond with two sureties in
the like sum to the satisfaction of the Court concerned with the
following conditions:-
(i) The applicants shall file an undertaking to the effect that
they shall not seek any adjournment on the dates fixed for
evidence when the witnesses are present in court. In case of
default of this condition, it shall be open for the trial court to
treat it as abuse of liberty of bail and pass orders in
accordance with law.
(ii) The applicants shall remain present before the trial court
on each date fixed, either personally or through their
counsel. In case of their absence, without sufficient cause,
the trial court may proceed against them under Section 269
of Bharatiya Nyaya Sanhita.
(iii) In case, the applicants misuses the liberty of bail during
trial and in order to secure their presence, proclamation
under Section 84 of BNSS. is issued and the applicants fails
to appear before the court on the date fixed in such
proclamation, then, the trial court shall initiate proceedings
against them, in accordance with law, under Section 209 of
the Bharatiya Nyaya Sanhita.
(iv) The applicants shall remain present, in person, before
the trial court on the dates fixed for (i) opening of the case,
(ii) framing of charge and (iii) recording of statement under
Section 351 of BNSS. If in the opinion of the trial court
absence of the applicants is deliberate or without sufficient
cause, then it shall be open for the trial court to treat such
default as abuse of liberty of bail and proceed against them
in accordance with law.
8. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE
gouri
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