1 2025:CGHC:7754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9095 of 2024 Pawan Pandey S/o Siddhanath Pandey Aged About 34 Years R/o Khutanpara Ward No. 12, Police Station Rajpur, District Balrampur-Ramanujganj Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The A.C.B. Unit Ambikapur, District – Surguja, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Varunendra Mishra, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 60/2024, registered at Police Station – Anti Corruption Bereau, Ambikapur, District – Surguja (C.G.) for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 read with Amendment Act, 2018. 2. The case of the prosecution, is that the applicant, Pawan Pandey, is an employed as a Patwari in Tehsil Rajpur, District – Balrampur- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.13 17:35:02 +0530 2 Ramanujganj (C.G.). He is the President of the Patwari Association. As per the prosecution story, on 22.11.2024, a complaint was filed by the complainant/Ajay Pawale, alleging that the applicant demanded a bribe of Rs.15,000/- for updating his name in the ancestral land records and correcting related entries. Based upon the complaint the ACB, Ambikapur Unit organized a trap operation on 27.11.2024, the complainant was handed chemically treated currency notes totaling Rs. 12,000/- to deliver to the applicant, during the trap operation, the ACB, Ambikapur Unit claims to have apprehended the applicant "red-handed" while allegedly accepting the bribe following a chemical hand wash test on the applicant's hands to detect traces of the chemical substance applied to the currency notes. Based on this trap operation, the Anti- Corruption Bureau (ACB), Ambikapur Unit registered Crime against the applicant and the applicant was taken into custody. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the applicant is an employed as a Patwari in Tehsil Rajpur, District – Balrampur- Ramanujganj (C.G.), and he was the President of the Patwari Association, and he has already been suspended from his post and duty. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 27.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that a complaint was filed by the complainant/Ajay Pawale, alleging that the applicant demanded a bribe of Rs.15,000/- for 3 updating his name in the ancestral land records and correcting related entries. Based upon the complaint the ACB, Ambikapur Unit organized a trap operation on 27.11.2024, the complainant was handed chemically treated currency notes totaling Rs. 12,000/- to deliver to the applicant, during the trap operation, the ACB, Ambikapur Unit claims to have apprehended the applicant "red-handed" while allegedly accepting the bribe following a chemical hand wash test on the applicant's hands to detect traces of the chemical substance applied to the currency notes, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is an employed as a Patwari in Tehsil Rajpur, District – Balrampur-Ramanujganj (C.G.), and he was the President of the Patwari Association, and he has already been suspended from his post and duty, charge-sheet has been filed against the applicant, the applicant is in jail since 27.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Pawan Pandey, involved in Crime No. 60/2024, registered at Police Station – Anti Corruption Bereau, Ambikapur, District – Surguja (C.G.) for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 read with Amendment Act, 2018, 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 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 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar