1 2025:CGHC:53899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8785 of 2025 Manoj Thakur S/o Late Motilal Aged About 51 Years R/o Near Devnagri Dupsa Talaab, Raipura, Dist. Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. EOW/ACB, Dist. Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Devershi Thakur, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/11/2025 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. 48/2025 registered at Police Station EOW/ACB, Dist. Raipur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 7 of Prevention of Corruption Act. 2. Case of the prosecution, in brief, is that the applicant/accused, while posted as Assistant Grade-II at Government Higher Secondary School, Champaran, District Raipur (C.G.), allegedly demanded a sum of Rs. 10,440/- from the complainant Chandrahas, who was serving as a teacher in the same school, for clearance of his son’s medical bill. A complaint was made to the Anti-Corruption Bureau (ACB), upon which the conversation regarding the alleged demand was recorded, and a trap was subsequently laid. During the trap proceedings, the applicant was allegedly found in possession of the tainted currency notes kept on his computer table in the office. The applicant was arrested, and thereafter, a charge-sheet was filed on 06.10.2025, alleging that he had accepted illegal gratification for clearing the complainant’s medical bill. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no money was recovered from the possession of the applicant, the currency notes were found on his office table, and the entire case appears to have been falsely set up against him. The CCTV footage of the trap proceedings clearly reflects irregularities and suggests false implication. The applicant never demanded or accepted any amount, rather, he was directed by the officers during the trap to 3 hand over the notes. The alleged demand was made by others, and the complainant’s statements were forced. The transcript itself reveals that the applicant had no requirement of money and had only advised the complainant to approach the Treasury Officer or the concerned authority for resolving objections in his medical bill. The complainant, being aggrieved by deductions made by the Directorate, has falsely implicated the applicant out of personal grudge. The applicant is in jail since 22.08.2025, 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 is alleged to have demanded and accepted a sum of Rs.10,440/- from the complainant for clearing the medical bill of his son, while serving as Assistant Grade-II at Government Higher Secondary School, Champaran, District Raipur (C.G.), for which a trap was laid and he was allegedly found in possession of the tainted amount, 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 4 since 22.08.2025, the fact that though the applicant allegedly demanded demanded and accepted a sum of Rs.10,440/- from the complainant for clearing the medical bill of his son, while serving as Assistant Grade-II at Government Higher Secondary School, Champaran, District Raipur (C.G.), for which a trap was laid and he was allegedly found in possession of the tainted amount, but considering the fact that the applicant has no criminal antecedent and it was a trap laid down by the ACB, further charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Manoj Thakur, involved in Crime No. 48/2025 registered at Police Station EOW/ACB, Dist. Raipur (C.G.) for the offence punishable under Section 7 of Prevention of Corruption Act, 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 sufficient 5 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 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. 9. Office 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