Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:41605
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6423 of 2025 • Dinesh Singh Thakur S/o Late Jogendra Singh Thakur, Aged About 58 Years Then Incharge Tahsildar Nazul Kondagaon, R/o Kumharpara, Shyam Prasad Mukherjee Ward No. 39, Jagdalpur, District Bastar (C.G.)
... Applicant versus • State Of Chhattisgarh Through The Anti Corruption Bureau, Raipur Unit Jagdalpur, District Bastar (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pravin Kumar Tulsiyan, Advocate For Respondent/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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 35/2025 registered at Police Station – Anti-corruption Bureau, Raipur unit Jagdalpur, District-Bastar (C.G.), for the offence punishable under Sections 7 of the prevention of Corruption Act 1988. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.19 17:48:22 +0530
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2. Case of the prosecution, in brief, is that the complainant namely Radhakrishna Dewangan had submitted an application before the present applicant in relation to restoration of possession over a parcel of land bearing Khasra No.484/1/63, Sheet No.2, admeasuring 1500 square feet. Subsequently, the applicant allegedly demanded an illegal gratification of Rs.15,000/- from the complainant approached the Anti-concerned authorities an lodged a formal complaint. Thereafter a trap was laid by the ACB. In execution of the trap proceedings, the present applicant was apprehended red-handed while accepting the bribe amount of Rs.15,000/- at his government residential quarter, situated at F-6, JD Bhawan, DNK Colony, Kondagaon. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he has not committed any offence alleged by the prosecution. He further submits that the applicant was a Government Servant but he has been suspended from his services, applicant is in jail since 06.06.2025 the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4.
Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent, looking to the gravity of offence, 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 allegation levelled against the applicant and,
3 further considering the fact that applicant was a Government Servant and he has been suspended from his services, applicant is in jail since 06.06.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Dinesh Singh Thakur, involved in Crime No. 35/2025 registered at Police Station – Anti-corruption Bureau, Raipu unit Jagdalpur, District-Bastar (C.G.), for the offence punishable under Sections 7 of the prevention of Corruption Act 1988, be released on bail on their 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 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
4 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
Chief Justice vaishali