Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14602
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2395 of 2025 Kheersagar Nath Baghel S/o Late Shri Jaldhar Baghel Aged About 33 Years Permanent R/o House No. 2084, Ravanbhata, Ward No. 7, Gariyaband, District Gariyaband, Chhattisgarh At Present R/o House No. 98, Housing Board Colony, Shyam Tarai, District Dhamtari, 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 26/03/2025
1. This is the second bail application filed under Section 483 of the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.28 19:49:58 +0530
2 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 26/2024 registered at Police Station Anti Corruption Bureau/ Economic Offence Wing, Ambikapur, District Ambikapur, Chhattisgarh for the offence punishable under Section 7 of Prevention of Corruption Act, 1988. 2. Case of the prosecution, in brief, is that the complainant Dilip Kumar Goswami lodged a written complaint on 14.06.2024 before superintendent of Police Anti Corruption Bureau Raipur stating therein that at Village Potiyadih, P. H. No. 27, Khasra No. 920 admeasuring area 0.34 hectare land is situated and the said land is registered in the name of one Ashish Goyal and in the said land he is having possession for over 40 years, in the said land he is growing crops for last 40 years. Ashish Goyal in order to get possession on the said land has presented an application before ofÏce of Tahsil Dhamtari. In the said case, the statement of the complainant was recorded. In the said land in order to pass an order of possession in favour of the complainant, applicant who was posted as Nayab Tahsildar at that time demanded Rs. 50,000/- as bribe, which was found to be true after verification. Complainant filed second application before Anti Corruption Bureau Raipur on which Dehati Nalisi was registered and on 05.07.2024 raid was conducted at the ofÏce of Tahsil Dhamtari and the applicant was caught taking bribe of Rs. 50,000/- from the complainant. On the basis of the report made by the complainant Police Station A.C.B. Raipur registered the offence under Section 7 of Prevention of
3 Corruption Act, 1988 against the applicant. 3.
Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 4/10/2024. It is submitted that new ground for second bail is that examination of complainant has been recorded and from the evidence it transpires that the allegation which has been levelled against the applicant is false one. Learned counsel further submits that contents of 2 letter i.e., dated 24/06/2024 and 27/06/2024 are also different as in the 1" letter the reason is stated to be "आवेदक आशीष गोयल ्ቛारा उक्त जमीन को अपने कब्जा दिदलवाने हेतु' तहसील कायाY लय धमतरी में आवेदन दिक या ।" whereas in the 2nd letter dated 27/06/2024 "मेरे ्ቛारा उक्त जमीन को अपने कब्जा में पाने हेतु तहसील कायाY लय धमतरी आवेदन दिक या है।" He would submit that this clearly infers from the contents and date of both the letters that the crux of the story and the date of the demand has been changed and a false case totally has been made against the present applicant. He would submit that charge-sheet has already been filed in the present case, the applicant is in jail since 5/07/2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant
4 was rejected on merits by this Court vide order dated 04/10/2024 in MCRC No.6460 of 2024, therefore I am not inclined to entertain this second bail application. 7.
Accordingly, the second bail application of the applicant- Kheersagar Nath Baghel, involved in Crime No. 26/2024 registered at Police Station Anti Corruption Bureau/ Economic Offence Wing, Ambikapur, District Ambikapur, Chhattisgarh for the offence punishable under Section 7 of Prevention of Corruption Act, 1988, is rejected. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
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