1 2025:CGHC:25864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4660 of 2025 Hemant Kujur S/o Shri Ramlal Prasad Aged About 34 Years Posted Than As Patwari, P.H. No. 18 And 19, R/o Housing Board Colony, Wadrafnagar, Police Outpost Wardrafnagar, Police Station Basantpur, District Ramanujganj, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Anti-Corruption Bureau, Unit - Ambikapur, District Surguja, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ashutosh Trivedi, Advocate. For Non-applicant/State : Dr. Saurabh K. Pande, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 24/2025 registered at Police Station Anti Corruption Beauro, Unit Ambikapur, District Surguja, (C.G.), for the offence punishable under Section 7 of Prevention of Corruption Act, Amended, 2018. 2. According to the prosecution story, as revealed by the impugned ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.20 14:27:37 +0530 2 order Annexure A-1, it is alleged that the applicant demanded a bribe from the complainant, namely Rajesh Kumar Patel. It is alleged that the applicant demanded a sum of Rs. 10,000/- for the demarcation of the complainant’s land bearing Khasra No. 178/2, area 0.09000 hectare, situated at Village Amdiha. The complainant initially paid Rs. 2,000/- as advance and later paid Rs. 8,000/- during the course of the trap. The incident of bribery was reported by the complainant to the Anti-Corruption Bureau, which thereafter organized a trap. The money was handed over by the complainant to the applicant, who was arrested for the commission of the said offence. 3. The Learned Counsel for the applicant submits that the applicant is n innocent person falsely implicated in the case. He submits that in corruption cases, the majority of the investigation is typically concluded on the day of the arrest/trap, leaving little additional material to be examined. Subsequent procedures mainly involve official formalities and procedural steps that do not necessitate the continued detention of the accused individual. In cases under the Prevention of Corruption Act, a valid sanction is required to be obtained by the prosecuting agency against the public servant. The process of obtaining such sanction is lengthy and time-consuming. Keeping the applicant behind bars for an unspecified period would amount to pre-trial punishment. To avoid such unjustified detention, it is prayed that this Hon’ble Court may be pleased to order the release of the applicant. He submits that in the present case, the charge sheet has already been filed; therefore, there is no possibility 3 of tampering with evidence or creating any hindrance in the due process of law by the applicant. Keeping the applicant behind bars for an indefinite period would amount to pre-trial punishment, which ought to be avoided. The applicant is the sole breadwinner of his family, and his continued detention is adversely affecting the entire family. He also submits that the applicant is in jail since 04.04.2025 and the trial may take time to conclude, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the Learned State Counsel opposed the bail application and submits that the charge-sheet has already been submitted before the competent Court. He submits that the applicant demanded a bribe of Rs. 10,000/- for the demarcation of the complainant’s land bearing Khasra No. 178/2, area 0.09000 hectare, situated at Village Amdiha, therefore, the applicant is not entitled to regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and further the fact that the applicant has already been suspended from his duties due to his conduct, moreover, the fact that the applicant has no criminal antecedents, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 04.04.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Let the Applicant – Hemant Kujur, involved in Crime No. 24/2025 registered at Police Station Anti Corruption Beauro, Unit Ambikapur, District Surguja, (C.G.), for the offence punishable under Section 7 of Prevention of Corruption Act, Amended, 2018, be released on bail on furnishing 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 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. 5 (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 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 Abhishek