1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6116/2010 Balicharan Vs. State Date of order : 27/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.S. Rathore for the petitioner. Shri Amit Punia, P.P. for the State. Shri Sandeep Kumar Meena on behalf of Shri Anurag Agarwal for the complainant. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. Learned counsel for the petitioner submitted that the deceased died due to electrocution and not because of any act of the petitioner. They had both gone to electric pole and deceased Ramkesh climbed the pole to change the bulb and in that process got electrocuted. He sustained head injury by fall from the pole. The petitioner immediately raised hue and cry and rushed to the villagers for help. Deceased was taken to hospital, where he ultimately died after five days. The offence u/s.304 of IPC cannot be made itself against the petitioner. Petitioner was arrested on 19.6.2010. Challan has been filed. There is no previous case against the petitioner. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and submitted that 2 petitioner knew that electric supply was not shut down from the electricity company and yet he made the deceased to climb the pole, which caused his death, therefore, he is guilty of culpable homicide not amounting to murder. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Balicharan S/o Ramjilal shall be released on bail in F.I.R. No.58/2010, P.S. Mansalpur, Distt. Karauli for offence u/s.304 of IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/