1 2025:CGHC:41585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6502 of 2025 Deepak Sharma S/o Late Shri Govind Ram Sharma Aged About 43 Years (Holding Post Of Upper Division Clerk Class-Ii At Pt. Ravi Shankar Shukla University, Raipur, General Administration Department) R/o Staff Quarter No. 20, Campus Of Pt. Ravi Shankar Shukla University, Raipur, Distt. Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Additional Superintendent Of Police, Economic Offence Wing/ Anti Corruption Bureau, District - Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2025 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. 36/2025 registered at Police Station – Economic Offence Wing/Anti Corruption Bureau, District – Raipur, (C.G.) offence under Section 7 of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 13:14:12 +0530 2 the Prevention of Corruption Act, 1988. 2. As per the prosecution's a complaint was received on 05.06.2025 by one Prakash Singh Thakur, who was posted as Senior Clerk at Pt. Ravi Shankar Shukla University, Raipur, and got retired on 28.02.2025, and he has alleged that when he went to General Administration Office of Pt. Ravi Shankar Shukla University, Raipur for his clearance of retiral dues, the applicant had demanded illegal gratification of Rs. 30,000/- from him for processing his file for clearance and the same was recorded and a trap was laid by the officers of ACB and the applicant was caught red-handed on 10.06.2025. 3. The applicant has been falsely implicated and has been in judicial custody since 10.06.2025, despite having fully cooperated with the investigation, which now stands concluded with filing of the charge- sheet. The transcript relied upon does not establish any demand of illegal gratification by the applicant; rather, the conversation pertains to clearance of service-related documents such as “No Objection Certificate” or “No Dues Certificate” pending against the complainant. The record also reflects that the complainant himself lacked the alleged bribe money of 30,000, and inconsistencies exist regarding ₹ the timing of the FIR and trap proceedings. There are 12 prosecution witnesses, and the trial is likely to be delayed, especially as sanction for prosecution is still awaited, thereby preventing the trial from proceeding further. The Hon’ble Supreme Court in Sanjay Chandra v. CBI has held that bail is the rule and jail is the exception, particularly where investigation is complete and continued detention serves no purpose. The applicant is a permanent resident of Chhattisgarh, aged 3 43 years, with a good service record and reputation in society, and being the sole breadwinner, his continued detention causes undue hardship, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Though applicant got red-handed 7. Taking into consideration the facts and circumstances of the case, and the material available in the case diary, it appears that though the applicant was allegedly caught red-handed but the allegation levelled against him that he demanded money for passing the retiral benefit bill of the complainant does not inspire confidence, as the complainant’s ACR was not satisfactory and, therefore, his retiral benefits could not be released, applicant has already lost his service. Furthermore, considering the fact that in the present case the charge-sheet has been filed before the competent Court, the applicant has been in custody since 10.06.2025, and the conclusion of trial is likely to take some time, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 8. Let the Applicant – Deepak Sharma, involved in Crime No. 36/2025 registered at Police Station – Economic Offence Wing/Anti Corruption Bureau, District – Raipur, (C.G.) offence under Section 7 of the Prevention of Corruption Act, 1988, be released on bail on his furnishing personal bond with two local 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 4 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 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. 9. 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