Shivnarayan vs The State Of Madhya Pradesh
2024 Latest Caselaw 3312 MP

Madhya Pradesh High Court

Shivnarayan vs The State Of Madhya Pradesh on 5 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                            IN     THE         HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 5 th OF FEBRUARY, 2024
                                              MISC. CRIMINAL CASE No. 2788 of 2024

                           BETWEEN:-
                           SHIVNARAYAN S/O SHRI PREMNARAYAN TIWARI,
                           AGED ABOUT 60 YEARS, OCCUPATION: GOVERNMENT
                           TEACHER RESIDENT OF VILLAGE CHANDPUR POLICE
                           STATION RAHLI DISTRICT SAGAR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI MANISH DATT, SR. ADVOCATE WITH
                           SHRI N. SHAH, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION RAHLI DISTRICT SAGAR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI G. S. THAKUR, GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.1009/2023, registered at Police Station Rahli, District Sagar (M.P.) for the offences punishable under Sections 304 and 34 of Indian Penal Code and Sections 136 and 138 of the Electricity Act.

2. Learned Senior counsel appearing for the applicant relied on judgment passed by the Apex Court in the case of Cherubin Gregory Vs. State of

Bihar, AIR 1964 SC 205, wherein it has been held that when electric current was brought to a place for saving it from intruders then offence under section 304-A of IPC will be made out. It is submitted that police registered F.I.R under section 304 of IPC. It is submitted that offence under section 304-A of IPC is bailable in nature. In these circumstances, applicant may be enlarged on anticipatory bail.

3. Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail and submitted that offence committed by the applicant is under section 304 of IPC. He brought electric current to his field knowing fully well that if any person comes in contact then he/she may get

electrocuted. Applicant was also having knowledge. In these circumstances offence is made out against the applicant.

4. Heard the learned counsel for the parties.

5. Considering the fact that electric current was brought to the field to save it from wild animals and not with a knowledge that a small girl will come there and get electrocuted.

6. Considering the aforesaid facts and circumstances of the case, anticipatory bail application filed by the applicant is allowed.

7. It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

8. The applicant is directed to join the investigation immediately and to co-operate with the investigating agency and will appear before the Investigation Officer as and when called for. He will further abide by the condition

enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE mms