Bombay High Court

PRATAPSING BHAGCHAND BHOPLWATversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: S G CHAPALGAONKAR

Holding

The court granted bail to the applicant, holding that the offence does not attract Section 105 and that bail is appropriate under the circumstances.

Summary

The applicant, a 65‑year‑old agriculturist, was arrested for the death of Jamil, who was electrocuted after contacting an electric fence installed on the applicant's field. The FIR charged the applicant under Section 105 of the Bharatiya Nyaya Sanhita, 2023, which deals with culpable homicide not amounting to murder. The applicant's counsel argued that the conduct was at most negligent and therefore fell under Section 106 (causing death by negligence), not Section 105, and that the applicant had no criminal antecedents and had been in custody for over 45 days. The State opposed bail, but the court found no evidence of intent or knowledge that the fence would cause death and noted the applicant's age and lack of prior record. Consequently, the court granted regular bail on the condition of surety and compliance with procedural requirements.

Issues considered

The appropriate charge: whether the death falls under Section 105 (culpable homicide) or Section 106 (causing death by negligence) of the Bharatiya Nyaya Sanhita, 2023.
Whether bail should be granted given the nature of the alleged offence, the applicant's age, length of pre‑trial detention, and lack of criminal antecedents.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 105, 106

Subjects

bail
culpable homicide
negligence
electrocution
Bharatiya Nyaya Sanhita
Section 105
Section 106
pre‑trial detention
agriculturist

Judgment

2026:BHC-AUG:21997
908-ba-831-2026.odt
(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

BAIL APPLICATION NO. 831 OF 2026
Pratapsing Bhagchand Bhoplwat
Versus
The State Of Maharashtra
...
Advocate for Applicant : Mr. Ghanekar Nilesh S.
APP for Respondent/State : Mr. D.J. Patil
...
CORAM : S. G. CHAPALGAONKAR, J.
(VACATION COURT)
DATED : MAY 26, 2026

PER COURT :-

1. The applicant seeks regular bail in connection with Crime

No.232/2026 registered with Bidkin Police Station, Taluka Paithan,

District Aurangabad for the offence punishable under Section 105 of

Bharatiya Nyaya Sanhita, 2023.

2. The investigation was set in motion on the basis of

information given by Mr. Kalim Banemiya Shaikh. It is alleged that on

04.04.2026 at about 10.00 p.m., Jamil/informant’s nephew had been

to field in Gut No.42 for watering onion crop. In morning, his sister

noticed that Jamil was laying in field. A wire was wrapped to right

leg. It was connected to wire fencing installed in field of applicant.

Jamil had suffered electrocution. The post mortem report shows that

death of Jamil was caused due to electrocution. The spot panchnama

shows that electric wire used for fencing field of applicant was reason

of electrocution.
908-ba-831-2026.odt
(2)

3. On 08.04.2026, applicant came to be arrested in

pursuance to registration of offence. At present, he is in MCR. The

applicant moved Criminal Bail Application No.77 of 2026 before

Sessions Judge at Paithan. However, same has been rejected vide

order dated 20.04.2026. Hence, this application.

4. Mr. Ghanekar, learned advocate appearing for applicant

submits that applicant is behind bar for more than 45 days. He is

aged about 65 years. Section 105 of Bharatiya Nyaya Sanhita, 2023

would not attract in facts of present case. At the most, offence can be

made out under Section 106(1) of Bharatiya Nyaya Sanhita, 2023 for

causing death due to negligence.

5. Learned APP strongly opposed the application.

6. Having considering submissions advanced by learned

advocates appearing for respective parties and perusal of contents of

FIR, it is apparent that applicant had wire fenced his field for

protection of crops. The electric current was flowing from fencing

wires. The deceased Jamil suffered electrocution when he came in

contact with same. In this backdrop, prima facie, there is substance in

contention of Mr. Ghanekar that offence under Section 105 Part-II of

Bharatiya Nyaya Sanhita, 2023 would not attract. At the most,

offence can be made out under Section 106 for causing death by

negligence, which is punishable with imprisonment upto five years

with fine.
908-ba-831-2026.odt
(3)

7. Looking to nature of offence, it cannot be said that

applicant had intention or knowledge that his act would cause death

of deceased. The applicant is aged about 65 years. He is an

agriculturist. No criminal antecedents of applicant are brought to

notice of this Court. Further detention of applicant would serve no

purpose. Hence, case is made out for grant of bail. In result,

following order is passed :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Pratapsing Bhagchand Bhoplwat, be released on

bail in connection with Crime No.232/2026 registered with Bidkin

Police Station, Taluka Paithan, District Aurangabad for the offences

punishable under Section 105 of Bharatiya Nyaya Sanhita, 2023, on

furnishing P.B. and S.B. of Rs. 30,000/- (Rs. Thirty Thousand only)

with one surety in the like amount, on following conditions:

(a) The applicant shall not tamper with prosecution evidence in

any manner.

(b) The applicant shall attend proceeding before Trial Court.

(S.G. CHAPALGAONKAR, J.)

Mujaheed//

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