1 2025:CGHC:4531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9033 of 2024 Ramkrishna Sinha S/o Late Mansha Ram Sinha Aged About 40 Years R/o Village- Jhinka, Arjunda, Dist. Balod, Chhattisgarh (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant(s) versus State Of Chhattisgarh Through- Inspector, Anti- Corruption Bureau, Dist. Raipur, C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Anmol Sharma, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/01/2025 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. 54/2024 registered at Police Station Anti-Corruption Bureau, Dist. Raipur (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Section 7 of Prevention of Corruption Act,1988. 2. Case of the prosecution, in brief, is that Shikhar Prajapati was out with his friends Sheril Prajapati and Govardhan Agrawal on the night of October 31, 2024, when they were stopped and assaulted by a group of people, including Vivek Sahu, Nitin Sahu, and Gulshan Deshmukh, near Khamaria Road Junwani. Shikhar ended up going to the hospital for treatment, but didn't report the incident to the police. The next day, November 1, 2024, Shikhar received a call from the present applicant, who was calling from Smriti Nagar Chowki, informing him that the complaint had been made against him for outraging the modesty of one Prerna Tondon. Shikhar denied the allegations, but when he went to the police station, the applicant demanded Rs. 15,000/- from him in exchange for not lodging the FIR. Shikhar then took his complaint to the Anti- corruption Bureau, who gave him a voice recorder to capture evidence. On November 21, 2024, the authorities set up a trap and caught the applicant taking a bribe of Rs. 10,000/-. The applicant was immediately arrested and sent to judicial custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been granted appreciation corticate for his services in the Police Department and there is no evidence to prove the involvement of applicant in the present case, further the applicant has been implicated only on the basis of recording, the action was initiated without there being any proof of the fact that the conversation was between the present applicant and the complainant. He further 3 submits that there is delay in lodging the complaint of more than 20 days as if the demand was made on 01.11.2024 what stopped the complainant to immediately report the incident to the ACB, which itself create doubt on the case of prosecution. He also submits that the applicant has already been suspended from his service. The applicant is in jail since 23.11.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant was caught while taking a bribe of Rs. 10,000/- from the complainant, therefore the 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 offence, period of detention of the applicant since 23.11.2024, the fact that the though the applicant was caught while taking a bribe of Rs. 10,000/- from the complainant, but it was a trap laid down by the Anti-Corruption Bureau (ACB), further the applicant has already been suspended from his service and he has no criminal antecedent, charge-sheet has been filed in the present case, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Let the Applicant-Ramkrishna Sinha, involved in Crime No. 54/2024 registered at Police Station Anti-Corruption Bureau, Dist. Raipur (C.G.) for the offence punishable under Section 7 of Prevention of Corruption Act,1988, be released on bail on his 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 sufÏcient 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 5 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil