Facts
The applicants sought anticipatory bail following their apprehension in connection with Crime No. 17/2026 involving the death of an electrician, Rekhram Bareth
Source reference: para 1The deceased was electrocuted while fitting a "laddu holder" on the roof of Applicant No. 1’s new house
Source reference: para 2Prosecution records indicate that Applicant No. 1 had allegedly drawn an illegal electricity connection from the industrial meter of Applicant No. 2 (his uncle) to power his residence
Source reference: para 2The applicants argued that the death was a technical accident occurring during the deceased’s professional work, for which they cannot be held criminally liable for "rash or negligent" acts
Source reference: para 3They further highlighted that Applicant No. 2 is 70 years old and a legitimate electricity consumer
Source reference: para 3Issues
Whether the applicants are entitled to anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the allegations of criminal negligence and electricity theft
Source reference: para 1 & 6Law Applied
Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides the procedure for the grant of bail to persons apprehending arrest (formerly Section 438 of the CrPC)
Source reference: para 1Section 106 of the Bhartiya Nyay Sanhita, 2023 (BNS), relating to causing death by negligence
Source reference: para 1Sections 135 and 136 of the Electricity Act, which deal with the theft and unauthorized use of electricity
Source reference: para 1Reasoning
The Court examined the gravity of the offence in light of the specific circumstances surrounding the victim's death.
Source reference: para 6It noted that the electrocution appeared to be an accidental occurrence sustained during the course of the deceased's professional/voluntary work.
Source reference: para 6The Court balanced the prosecution's allegations of illegal connections against the applicants' lack of prior criminal antecedents and the advanced age of Applicant No. 2 (70 years).
Source reference: para 4, 6Given that the investigation and trial were likely to be protracted, the Court found that the facts justified the protection of the applicants' liberty pending trial, especially as there was no immediate evidence of a "rash or negligent" act beyond the technical illegality of the power connection.
Source reference: para 3, 6Holding
The High Court allowed the anticipatory bail application.
The Court directed that in the event of arrest, the applicants be released upon executing a personal bond and one surety.
Source reference: para 7The bail was granted subject to specific conditions: (a) the applicants shall not induce or threaten witnesses; (b) they must not prejudice the trial; (c) they must appear before the trial court on all scheduled dates; (d) they must submit verified Aadhaar documentation and photographs; and (e) they shall not engage in any similar future offences.
Source reference: para 7Original Court PDF
DEVA SAHUvsSTATE OF CHHATTISGARH
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