1 2025:CGHC:732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9125 of 2024 Kavinath Singh Uike S/o Shri Jagarnath Singh Uike Aged About 40 Years Occupation Home Guard R/o Village Chauderpur Police Station Surajpur, District : Surajpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - The Anti Corruption Bureau, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Non-applicant For Applicant : Mr. Punit Ruparel, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2025 1. This is the Second 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. 18/2024 registered at Police Station – Anti Corruption Bureau, Ambikapur, District – Surguja (C.G.), for the offence punishable under Sections 7 and 12 the Prevention of Corruption Act, 1988. 2. The earlier bail application of the applicant being MCRC No. 4983 of 2024 was rejected on merits by this Court vide order dated 05.09.2024. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.07 12:09:28 +0530 2 3. The prosecution's case, in brief, is that complainant Kanhai Ram filed a written complaint at the ACB Branch, Ambikapur, alleging that the accused persons demanded illegal gratification in exchange for passing favorable orders in a pending revenue appeal. The appeal concerned a mutation case related to land owned by the complainant and his family members. A trap was set, and the accused persons were caught accepting Rs. 50,000/- from the complainant for the aforementioned purpose. 4. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicant has no criminal antecedents. He further submits that the second bail application of the other co-accused persons, namely, Bhagirathi Khande and Dharampal Das vide order dated 19.12.2024 in MCRC Nos. 7929 of 2024 and 8165 of 2024 (respectively) have already been granted regular bail by this Hon’ble Court. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 5. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedents and the second bail application of the other co-accused persons, namely, Bhagirathi 3 Khande and Dharampal Das vide order dated 19.12.2024 in MCRC Nos. 7929 of 2024 and 8165 of 2024 (respectively) have already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant has been in jail since 22.06.2024 and conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 8. Let the Second Bail of the Applicant – Kavinath Singh Uike , involved in Crime No. 18/2024 registered at Police Station – Anti Corruption Bureau, Ambikapur, District – Surguja (C.G.), for the offence punishable under Sections 7 and 12 the Prevention of Corruption Act, 1988, 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 sufÏcient cause, the trial court may proceed against him 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 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 sufÏcient 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. OfÏce 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