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2005 DIGILAW 151 (CHH)

UMESHLODHI v. STATE OF C. G.

2005-04-07

V.K.SHRIVASTAVA

body2005
ORDER Heard. The accused/applicant has preferred this bail application under Section 439 of the Cr.P.C. far releasing him an bail in Crime Na. 26/2005 registered at Police Station: Chhueikhadan (CG) far 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 Hemlal Ladhi died due to electric shack. It is alleged that .on 04-11-2004 applicant took temporary electric connection from Chhattisgarh State Electricity Board far his bare-well far 30 days. Far 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.