Chattisgarh High Court
Budhwar Singh vs State Of Chhattisgarh on 2 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:10757
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 507 of 2026
1.Budhwar Singh S/o Jaymangal Singh Aged About 65 Years R/o Village-
Kumharta, Police Station Darima, District - Surguja, C.G.
2. Madan Singh S/o Basant Singh Aged About 50 Years R/o Village- Kumharta, Police Station Darima, District - Surguja C.G.
3. Balram Singh S/o Dewan Singh Aged About 55 Years R/o Village- Kumharta, Police Station Darima, District - Surguja, C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Darima, District Surguja C.G. ... Non-applicant For Applicant : Ms. Seema Verma, Advocate. Digitally For Non-applicant/State : Ms. Vaishali Mahilong, Deputy Government signed by Advocate.
PREETI PREETI KUMARI KUMARI Date:
2026.03.02 17:22:18 +0530 Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 02.03.2026
1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 197/2025 registered at Police Station- Darima, District- Surguja (C.G.), for the offence punishable under Sections 105, 238(A) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 135 of Electricity Act.
2. The brief prosecution story is that the informant, Utim Singh, gave information stating that his brother, namely Harendra Singh, was lying 2 dead near a well and that his death had occurred due to drowning in water. On the basis of the said information, Merg No. 107/2025 was registered under Section 194 of the BNSS. During the course of the merg inquiry, the memorandum statements of the applicants were recorded, and they allegedly admitted that they had spread an electric wire in their field, due to which the deceased came into contact with the electric current and died of electrocution. On the basis of the said memorandum statements, the applicants were arrested in connection with Crime No. 197/2025.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. She further submits that the applicant No. 1 is an old and infirm person and he is suffering from paralysis and he is not able to move here and there properly. She also submits that the charge-sheet has been filed and the applicants have no previous criminal antecedent. The applicants are in jail since 01.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants.
4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been field.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous criminal antecedents, further the charge-sheet has been filed and they are in jail since 01.12.2025 Further, the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 3
7. Accordingly, the bail application is allowed. Let the applicant Nos. 1, 2 and 3 - Budhwar Singh, Madan Singh and Balram Singh, respectively involved in Crime No. 197/2025 registered at Police Station-
Darima, District- Surguja (C.G.), for the offence punishable under Sections 105, 238(A) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 135 of Electricity Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against her under Section 269 of BNS.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against them, in accordance with law, under Section 209 of BNS.
(iv) The applicants shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the 4 case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial Court absence of the applicant are deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Preeti