1 2025:CGHC:10863 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1798 of 2025 Anurag Barai S/o Niranjan Lal Barai Aged About 38 Years R/o Village Sur, Near Old Greater Hostel, District Surguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station A.C.B. Ambikapur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-Applicant/State : Dr. Saurabh K. Pande, Deputy A.G. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05/03/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 03/2025, registered at Police Station – A.C.B. Ambikapur, District- Ambikapur (C.G.) for the offence punishable under Sections 7, 12 of the Prevention of Corruption Act. 2. The case of the prosecution, in brief, is that the complainant, Chamarsai Paikara, lodged a written report at the ACB Branch, Ambikapur, against the accused, Mithilesh Singh Sanger (BEO), RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the present applicant, and Rajkumar Prasad (Assistant Grade-2) under Sections 7 and 12 of the Prevention of Corruption Act, 1988. Pursuant to this, a trap was conducted on 11.12.2024, during which a sum of Rs.15,000/- was recovered based on the memorandum of the present applicant. The allegation against the present applicant is that he assisted the main accused in receiving the alleged amount from the complainant. Hence, this offence was registered. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the name of the present applicant is also not finding place in the FIR and the complainant has made no allegation of demand against the present applicant nor there is any allegation that the present applicant had received any amount from the complainant. He also submits that one of the co- accused person, namely, Mithilesh Singh Sengar has already been granted bail by this Court vide order dated 24.02.2025 in MCRC No. 1520/2025 and another co-accused person, namely, Rajkumar Prasad has already been granted bail by the trial Court vide order dated 01.03.2025 in B.A. No. 128/2025 and the case of present applicant is similar to that of the co-accused, further the applicant has no criminal antecedent, the applicant is in jail since 11.01.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 3 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the present applicant assisted the main accused in receiving the alleged amount from the complainant, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.01.2025, the fact that though the present applicant assisted the main accused in receiving the alleged amount from the complainant, but one of the co-accused person, namely, Mithilesh Singh Sengar has already been granted bail by this Court vide order dated 24.02.2025 in MCRC No. 1520/2025 and another co-accused person, namely, Rajkumar Prasad has already been granted bail by the trial Court vide order dated 01.03.2025 in B.A. No. 128/2025 and the case of present applicant is similar to that of the co-accused, so far as the criminal antecedent of the applicant is concerned, he has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant- Anurag Barai, involved in Crime No. 03/2025, registered at Police Station – A.C.B. Ambikapur, District- 4 Ambikapur (C.G.) for the offence punishable under Sections 7, 12 of the Prevention of Corruption Act, 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 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 his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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 5 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan