Seetaram Kawar Vs State of Chhattisgarh

--------------------------------------------------------------------------------------------------For Applicants : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms.Sunita Manikpuri, Dy. Govt. Advocate.

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S.B.:Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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19/02/2024

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This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime No.591/2023 registered at Police Station-Kasdol, District-BalodaBazar-Bhatapara(C.G.) for the offence punishable under Section 304A of Indian Penal Code and Sections 135, 139 of the Electricity Act, 2003.

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Case of the prosecution, in brief, is that when deceased Khagesh Chouhan and Nandlal were travelling on motorcycle, Khagesh came into contact of live GI wire, which was connected with the high voltage electricity supply connection and died due to electrocution. Incident was reported to the concerned police-station, based upon which, the aforementioned crime was registered, during

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investigation, applicants were arrested on 26.11.2023.

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Learned counsel for applicants would submit that applicants are innocent and they have falsely been implicated in the crime as alleged only on the basis of memorandum statement of co-accused Ramsingh Gond, who has already been enlarged on regular bail in MCRC No.9036 of 2023 vide order dated 1.2.2024. Applicants are in jail since 26.11.2023 and there is no other previous criminal antecedents against the applicants, hence, they may be enlarged on regular bail.

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Learned counsel for the State opposes the submission of learned counsel for applicants and submits that illegal electric connection was taken by applicants for the purpose of catching wild pig. However, upon asking, she does not dispute the submission of counsel for the applicants that co-accused Ramsingh Gond has been enlarged on regular bail.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstances of case, nature of allegations, submission of counsel for parties, considering that co-accused Ramsingh Gond has been enlarged on regular bail, without commenting anything on merits of case, I am inclined to allow this bail application.

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Accordingly, bail application is allowed and it is directed that applicants shall be released on bail, on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;

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