1 2025:CGHC:37331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4541 of 2025 Mogendra Prakash Singh S/o Late Banshdhari Singh Aged About 55 Years R/o Village Limha, Police Station Udaipur, At Present Govindpur, Tahsil Pratappur, District Surajpur Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Anti Corruption Bureau, Ambikapur, District Sarguja Chhattisgarh. ... Non-applicant For Applicant : Mr. Chandra Kumar, Advocate. For Non-applicant/State : Mr. Ramakant Mishra, Dy. Solicitor General for Union of India. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This is the first bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 21/2025, registered at Police Station – Anti Corruption Bureau, Ambikapur, District - Sarguja (C.G.) for the offence punishable under Section 7 of Prevention of Corruption Act. 2. As per the prosecution story in brief is that, on the presentation of the record, by the complainant, Rajesh Kumar Singh on 22-03-2025, the recorded bribe demand conversation in the sealed digital voice VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:08:54 +0530 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.31 18:40:35 +0530 2 recorder was presented before the Panch Witness, on the trap date on 28-03-2025, after which the sealed envelope was opened by them and the said recorded bribe demand conversation was heard through laptop in front of witnesses, in which it is confirmed that Patwari Mogendra Prakash Singh (present applicant) P.H.No.03 had demanded a bribe of Rs.15,000/-from the complainant Rajesh Kumar Singh. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case He submits that the present applicant has been made accused only on the basis of suspicion, he has not committed any offence. He further submits that the evidence collected by prosecution are also not prima facie sufficient to hold the applicant guilty of the aforesaid offences and he is in jail Since 28.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant 4. On the other hand, learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further taking into account that the charge-sheet has been filed and the applicant has no criminal antecedents, therefore, without expressing any opinion on merits, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 3 7. Let applicant, Mogendra Prakash Singh, involved in Crime No. 21/2025, registered at Police Station – Anti Corruption Bureau, Ambikapur, District - Sarguja (C.G.) for the offence punishable under Section 7 of Prevention of Corruption Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufficient 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 4 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav