1 2025:CGHC:17214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1599 of 2025 Sachin Kumar Bhagat, Aged About 33 Years, S/o Shri Ramanujram Bhagat Assistant Engineer, Chhattisgarh State Electricity Distribution Company, Lakhanpur, Chhattisgarh, R/o Visnupur Khurd, Near Aashirvaad Hospital, Ambikapur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - P.S. Anti-Corruption Bureau/ Economic Offence Wing, Raipur, District - Raipur, Chhattisgarh ... Respondent For applicant : Shri Ashutosh Trivedi, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 10/2025 registered at Police Station P.S. Anti-Corruption Bureau/Economic Offence Wing, Ambikapur, District Ambikapur, Chhattisgarh for the offence punishable under Section 07 of Prevention of Corruption Act, 1988. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 11:24:05 +0530 2 3. Case of the prosecution, in brief, is that it is alleged that the applicant was posted as Assistant Engineer in the ofÏce of Chhattisgarh State Electricity Distribution Company, Lakhanpur, Chhattisgarh and has demanded the bribe from the complainant namely Shri Chandan Singh for the purpose of installing Transformer/connection. The complainant did not wanted to give the bribe money and therefore has made a complaint before the Anti-Corruption Bureau on which a trap was organized and the applicant was arrested after the trap. Hence the present bail application. 4. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely been implicated in the present case. Learned counsel for the applicant submits that in the cases regarding Prevention of Corruption Act, valid sanction is to be obtained by the prosecuting agency against the public servant. The process of obtaining the sanction is lengthy and time taking process, keeping the applicant behind the bar for an unspecified period would amount to pre-trial punishment to the applicant. He would submit that the work of the complainant was pending in the ofÏce for a long period and there was no subsequent development in the work, the applicant was on leave for a long period due to his health issues and when he returned back to his services he was indulged in the present false case. He would submit that the applicant is suffering from the diseases named Pancreatitis and for the same he has to take routine medical treatment and has to keep himself under the strict observation of doctor with the moderate and specific diet which is hard to do behind the bars. He would submit that the wife of the applicant is carrying pregnancy and it's her last stage of the same. She is suffering from certain medical complications and therefore she needs the applicant with her at her crucial time. He would submit that the applicant is not previous convict. He would submit that 3 the the applicant is in custody since 29/01/2025 and charge sheet has been filed and the trial will take long time for its conclusion, hence, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 29/01/2025, the fact that the applicant Sachin Kumar Bhagat, who is Assistant Engineer has been caught taking bribe of Rs.27,000/- from the complainant to discharge his ofÏcial duty, which was a trap laid down by the ACB, further the charge-sheet has been filed in the present case which is taken on record, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. 8. Let the Applicant – Sachin Kumar Bhagat, involved in Crime No. 10/2025 registered at Police Station P.S. Anti-Corruption Bureau/Economic Offence Wing, Ambikapur, District Ambikapur, Chhattisgarh for the offence punishable under Section 07 of Prevention of Corruption Act, 1988, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of 4 liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri