1 2025:CGHC:54849 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9006 of 2025 Chovaram Banjare S/o Late Shri Chaitram Banjare Aged About 37 Years R/o Gram Nayakbandha, Police Station Abhanpur, District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station EOW / ACB, Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 38/2025 registered at Police Station EOW / ACB, Raipur, District Raipur (C.G.) for the offence punishable under Section 7 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 of P.C. Act. 2. Case of the prosecution, in brief, is that Case of the prosecution, in brief, is that on 16.06.2025 the present applicant holding the post of Personal Assistant at office of Commissioner, Directorate of Medical Education, Nava Raipur (C.G.), demanded a sum of Rs.60,000/- from the complainant namely Tuka Ram Lahre, in lieu of getting his retirement benefits released. Thereafter, present applicant caught taking bribe of Rs.50,000/- subsequently, he has been arrested on 16.06.2025 and after investigation charge sheet has been filed. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 22.08.2025 in MCRC No.6638 of 2025 on the ground that a sum or Rs.50,000/- has been recovered from the vehicle of the applicant. He further submits that, so far as the status of the trial is concerned, the trial is fixed for 21.01.2026, further charge-sheet has already been filed in the present case and the applicant is in jail since 08.04.2024 and prosecution sanction has been granted, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that charge-sheet has been filed in the present case. He further submits that the present applicant, who was serving as Personal Assistant in the office of the Commissioner, Directorate of Medical Education, Nava Raipur 3 (C.G.), allegedly demanded a sum of Rs.60,000/- from the complainant, Tuka Ram Lahre, as illegal gratification for facilitating the release of his retirement benefits. Subsequently, the applicant was caught red-handed while accepting a bribe amount of Rs.50,000/-, 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. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 22.08.2025 in MCRC No. 6638 of 2025 on the ground that the applicant while serving as Personal Assistant in the office of the Commissioner, Directorate of Medical Education, Nava Raipur (C.G.), allegedly demanded a sum of Rs.60,000/- from the complainant, Tuka Ram Lahre, as illegal gratification for facilitating the release of his retirement benefits and was caught red-handed while accepting a bribe amount of Rs.50,000/-, but considering the fact that so far as the status of the trial is concerned, the trial is fixed for 21.01.2026 and prosecution sanction has already been granted as stated by counsel for the applicant, also considering the detention of the applicant i.e. since 16.06.2025 and the fact that he has no criminal antecedent, further charge-sheet has already been filed, as such, this Court is of the view that the applicant is 4 entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Chovaram Banjare, involved in Crime No. 38/2025 registered at Police Station EOW / ACB, Raipur, District Raipur (C.G.) for the offence punishable under Section 7 of P.C. 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 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 5 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