Madhya Pradesh High Court
Abhishek Pathak vs The State Of Madhya Pradesh on 29 April, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19487/2022
(ABHISHEK PATHAK VS. STATE OF M.P.)
Gwalior, Dated : 29/04/2022
Shri D.R.Sharma, learned counsel for the applicant.
Shri Rohit Mishra, learned counsel for the State.
Smt. Deepa Chauhan, learned counsel for the complainant.
Case Diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 16/03/2022 in connection
with Crime No.15/2022 registered by Police Station Rawatpura,
District Bhind for offence punishable under Section 304 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, the deceased requested the applicant to
disconnect the electricity supply so that he can repair the DP and it is
alleged that the applicant thereafter informed the deceased that he has
disconnected the supply. However, it is alleged that without
informing the deceased, the electricity supply was restored as a result
the deceased fell down from the DP due to electrocution and
accordingly, he expired. It is submitted by the Counsel for the
applicant that the deceased was not an employee of MPEB and he
was a private person having no authority to repair the DP. It is further
submitted that the SHO, Police Station Rawatpura, District Bhind by
his letter dated 08/02/2022 had raised certain queries, which were
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19487/2022
(ABHISHEK PATHAK VS. STATE OF M.P.)
replied by Deputy Manager Madhya Pradesh Madhya Kshetra Vidyut
Vitran Company and informed that the applicant has been employed
as outsource employee and it is the duty of the Director of sub-centre
to disconnect the electricity connection as well as to give permit and
as per the record on 23/01/2022, no permit was issued by Rawatpura
electric sub-centre. It was also mentioned that neither the deceased
Omkar was an employee of MPEB nor he was in any manner related
or connected with the Rawatpura Electricity sub-centre. It has also
been replied that deceased Omkar had no authority to take permit for
repairing the DP. Thus, it is submitted that it appears that the
deceased in an unauthorized manner was trying to do some work on
the DP as a result, he suffered electrocution. The applicant is in jail
from 16/03/2022. The Trial is likely to take sufficiently long time and
there is no possibility of his absconding or tampering with the
prosecution case.
Per contra, the applicant is vehemently opposed by the
Counsel for the State as well as Counsel for the complainant.
Considering the reply given by the Deputy Manager MPEB
coupled with the fact that the deceased was neither an employee of
MPEB nor he was authorized to repair the DP for and without
commenting on the merits of the case, the application is allowed. It is
directed that the applicant be released on bail on furnishing a
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19487/2022
(ABHISHEK PATHAK VS. STATE OF M.P.)
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with
one surety in the like amount to the satisfaction of the Trial
Court/Committal Court to appear before the Court on the dates given
by the concerned Court.
This order shall remain effective till the end of trial but in case
of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in
the case of Aparna Bhat and others Vs. State of M.P. Passed on
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.04.29
16:45:56 -07'00'
