Bail granted for electrocution death under BNS where charge-sheet filed and no criminal antecedents exist.

The applicants (Budhwar Singh, Madan Singh, and Balram Singh) were arrested in connection with Crime No. 197/2025 following the death of Harendra Singh.

Initially, the death was reported as drowning near a well, and a Merg inquiry was registered under Section 194 of the BNSS.

During the inquiry, the applicants allegedly gave memorandum statements admitting they had spread electric wires in their field to protect it, which caused the deceased's death by electrocution.

The applicants have been in custody since December 1, 2025.

Counsel for the applicants argued that Applicant No. 1 is elderly and infirm, suffering from paralysis, and that the charge sheet has already been filed with no prior criminal antecedents.

Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, considering the nature of the allegations and the period of incarceration.

The court primarily applied Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

The substantive charges involved Sections 105 (Culpable homicide not amounting to murder), 238(A) (Causing disappearance of evidence/giving false information), and 3(5) (Joint liability) of the Bharatiya Nyaya Sanhita (BNS), 2023, along with Section 135 of the Electricity Act (Theft of electricity).

The court relied on the principle that bail may be granted considering the nature and gravity of allegations, the absence of criminal antecedents, and the likelihood of a prolonged trial.

The Court examined the facts and circumstances surrounding the electrocution death and the subsequent arrest based on memorandum statements.

It noted that the investigation was substantially complete as the charge sheet had already been filed by the police.

The Court balanced the gravity of the allegations against the fact that the applicants had no previous criminal record and had already spent three months in jail.

Specifically, the Court considered the health status of Applicant No. 1 and the projected length of the trial to determine that continued pretrial detention was not warranted.

It held that the applicants are entitled to be released on bail upon furnishing a personal bond with two sureties.

The release is subject to specific conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence during trial stages (charges, evidence, and Section 351 BNSS statements), and penalties under Sections 209 and 269 of the BNS for non-compliance or abuse of liberty.