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2025 DAILYLAW 40110 (CHH)

MAHENDRA KUJUR v. STATE OF CHHATTISGARH

MCRC/6637/2025 · 2025-09-21

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Judgment text

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1 2025:CGHC:48580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6637 of 2025 Mahendra Kujur S/o Amir Ram Kujur Aged About 36 Years Patwari Halka No. 10, Dohana, Tahsil Shankargarh, Distt. Balrampur-Ramanujganj Chhattisgarh, R/o Village And Post Sewari, Thana And Tahsil Rajpur, Distt. Balrampur-Ramanujganj, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The A.C.B. Ambikapur, Distt. Balrampur- Ramanujganj, Chhattisgarh ... Non-applicant For Applicant : Mr. Akath Kumar Yadav, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.09.2025 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. 44/2025 registered at Police Station : A.C.B. Ambikapur District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 7 of the Anti Corruption Act. 2. According to the prosecution story is that the father of the complainant was made application and requested to the applicant (Patwari) VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 10:23:49 +0530 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 18:41:57 +0530 2 regarding the demarcation of his ancestral land, when the applicant demanding a bribe of Rs. 20,000/-, on which Anti-Corruption Bureau conducted trap action and caught applicant, Patwari on the spot while accepting bribe of Rs. 15,000/- from Rajesh Yadav, thereafter Anti- Corruption Bureau, Unit-Ambikapur (CG) has been registered a case as crime number 44/2025 against the applicant/accused in Police Station-ACB Raipur, under section 7 of Prevention of Corruption Act, 1988. It is respectfully submitted that, the complainant his father has not submitted any application for demarcation of the said land before any revenue authority and the applicant is not posted at Patwari Halka No. 13 when father of the complaint submitted application for spot inspection as well as application for correction of the Map. 3. The applicant respectfully submits that he has been falsely implicated in the present case and no prima facie case has been made out against him. He did not commit any offence under Section 7 of the Anti-Corruption Act and has been roped into the matter due to enmity with the complainant’s relatives. During the relevant period, the applicant was not posted at Patwari Halka No.13, where the disputed land is situated, and all official orders and postings confirm that he was elsewhere. The alleged spot inspection and related applications were handled by the concerned Patwari and Tahsildar, and documents show that the complainant’s relatives had forged documents to claim the land. The applicant has been in custody since 10.07.2017, and the trial is likely to take considerable time. He has one previous criminal case in which he was acquitted by judgment dated 05.09.2022. The applicant is a permanent resident of the address mentioned in the cause title, with no likelihood of absconding or tampering with 3 evidence, and he is ready to furnish adequate surety and comply with all directions and conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the 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. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations leveled against the applicant, the fact that the applicant has one previous antecedent, and also considering that the charge-sheet has been filed and he has been in custody since 10.07.2025, and that the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Mahendra Kujur, involved in Crime No.44/2025 registered at Police Station : A.C.B. Ambikapur District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 7 of the Anti Corruption Act, be released on bail on 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 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 his under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 his, 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav