Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 48536 (CHH)

SAMEER ROTIYA v. STATE OF CHHATTISGARH

MCRCA/1650/2025 · 2025-10-29

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:53134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1650 of 2025 Sameer Rotiya S/o Late Mahesh Rotiya (Wrongly Mention As Mahesh Chotiya In Anticipatory Order ) Aged About 22 Years R/o Station Mohalla, Sakti, Thana And Tehsil Sakti District - Sakti, Chhattisgarh, Present Address- Jail Guard Central Jail, Bilaspur, Dist- Bilaspur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Civil Lines, Bilaspur, District- Bilaspur, Chhattisgarh, ...Non-applicant For Applicant : Mr. Waquar Naiyer, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 1175/2025 registered at Police Station – Civil Lines Bilaspur District – Bilaspur (C.G.) for the offence 7 of the Prevention of Corruption Act, 1988. 2. As per prosecution story that one the inmate namely Rahul Namdev given a Letter to the present applicant and the present applicant sent that Letter to one Guddu alias Ram Arya resident of Chakarbhata, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.31 12:24:34 +0530 2 Bilaspur through whatsapp and for this the present applicant have Rs 200/- from Guddu alias Ram Arya through Phonepe. Therefore an offence Under Section 7 of Prevention of Corruption Act, 1988 registered as Crime No. 1175/2025 Thereafter investigation was initiated. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. The FIR was lodged by the Jail Superintendent alleging that while one of the inmates was in jail, a letter was transmitted through WhatsApp, and an amount of Rs. 200/- was allegedly received by the applicant through PhonePe; however, the said allegations are baseless, exaggerated, and unsupported by any cogent evidence, and even if assumed to be true, they do not constitute any serious offence warranting his arrest. It is further submitted that the applicant has already been subjected to departmental action, having been placed under suspension and penalized with the withholding of one annual increment, thereby suffering the consequences within the departmental framework. The applicant, serving as a Jail Prahari with an otherwise unblemished record, is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution witnesses. He is fully cooperating with the investigation and undertakes to appear before the Investigating Officer or the Court as and when required. Hence, in view of the aforesaid facts and circumstances, it is most humbly prayed that this Hon’ble Court may kindly be pleased to grant the benefit of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sameer Rotiya , on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be 4 verified by the trial Court. (e) he shall not involve himelf in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav