Decided on April 07,2005

Umesh Lodhi Appellant
State Of C G Respondents


- (1.) HEARD . The accused/applicant has preferred this bail application under Section 439 of the Cr.P.C. for releasing him on bail in Crime No. 26/2005 registered at Police Station : Chhueikhadan (CG) for commission of the offence punishable under Sections 304-A. 379 of I.P.C. and Sections 39/39-A and 49-A of Indian Electricity Act. On 27-01-2005 Hernial Lodhi died due to electric shock. It is alleged that on 04-11-2004 applicant took temporary electric connection from Chhattisgarh State Electricity Board for his bore-well for 30 days. For taking that connection one pole was installed. The said electric pole fell down and the live wire was lying there. On the date of incident Hernial Lodhi received electric shock from that and died. Applicant's contention is that electricity has been supplied by the Electricity Department and he was not negligent in any way. No complaint for initiation of offence under Section 39 of the Indian Electricity Act has been filed by the competent authority and in view of Section 39 of the Indian Electricity Act no offence of stealing electricity can be instituted. Taking into consideration all the facts and totality of the circumstances, the petition is allowed and it is directed that if the applicant furnishes a personal bond of Rs. 25,000/- (Rs. Twenty-five thousand) with two solvent sureties in the like amount to the satisfaction of the concerned Court for his appearance before the concerned Courts as and when so directed, he be released on bail Certified copy as per rules. Bail Granted.;

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