Chhattisgarh High Court

Accidental electrocution during voluntary technical work warrants anticipatory bail for alleged negligent death.

DEVA SAHU vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 09, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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 1

The deceased was electrocuted while fitting a "laddu holder" on the roof of Applicant No. 1’s new house

Source reference: para 2

Prosecution 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 2

The 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 3

They further highlighted that Applicant No. 2 is 70 years old and a legitimate electricity consumer

Source reference: para 3
02

Issues

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 & 6
03

Law 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 1

Section 106 of the Bhartiya Nyay Sanhita, 2023 (BNS), relating to causing death by negligence

Source reference: para 1

Sections 135 and 136 of the Electricity Act, which deal with the theft and unauthorized use of electricity

Source reference: para 1
04

Reasoning

The Court examined the gravity of the offence in light of the specific circumstances surrounding the victim's death.

Source reference: para 6

It noted that the electrocution appeared to be an accidental occurrence sustained during the course of the deceased's professional/voluntary work.

Source reference: para 6

The 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, 6

Given 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, 6
05

Holding

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 7

The 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 7
Chhattisgarh High Court

Original Court PDF

DEVA SAHUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 09, 2026

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