Kishore Kumar Turkar vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first application filed by the applicant under Section 438 of the Cr.P.C. seeking anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No.183/2020 registered at Police Station Katangi, District Balaghat for the offence

punishable under Sections 304A, 304 of the IPC and Section 135, 136 of the Electricity Act.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. On the date of incident, due to bad

weather and storm, the electric wire installed in the field of the applicant was broken and fallen down. The deceased had gone there to pluck mangoes

and came to the contact of said electric wire and died due to electrocution. The deceased died accidentally. The applicant has not committed any

offence. The applicant has no criminal antecedents. The applicant is ready to cooperate in the investigation and trial. In view of the aforesaid, prayer

is made to enlarge the applicant on anticipatory bail.

Learned Panel Lawyer has opposed the prayer for anticipatory bail.

I have heard learned counsel for the parties. Considering the overall facts and circumstances of the case and the fact that the death of the deceased

was accidental, I deem it appropriate to enlarge the applicant on anticipatory bail, therefore, without commenting on the merit of the case, the

application is allowed.

It is directed that in the event of arrest, applicant Kishore Kumar Turkar shall be enlarged on bail on his furnishing a personal bond in a sum o f

Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the arresting officer for his appearance before him

during the course of investigation or before the trial Court during trial, as the case may be.

It is further directed that the applicant shall abide by all the conditions as enumerated under Section 438(2) of the Cr.P.C.