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2025 DAILYLAW 52198 (CHH)

VIRENDRA TURKANE v. STATE OF CHHATTISGARH

MCRC/7249/2025 · 2025-10-13

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:51256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7249 of 2025 Virendra Turkane S/o Late Davanlal Turkane Aged About 53 Years O/o. Assistant Grade-2 Tehsil Office Bori, Tahsil Bori, District Durg, Chhattisgarh, R/o Kamla College Road, Near Saloni Boutique, Anupam Nagar Rajnandgaon, P.S. Basantpur, Tahsil And District Rajnandgaon, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Anti Corruption Bureau, Raipur, District : Raipur, Chhattisgarh --- Non-applicant For Applicant : Mr. Love Kumar Ramteke, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.10.2025 1. This is the first 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. 41/2025, registered at Police Station – Anti Corruption Bureau, Raipur, District - Raipur (C.G.) for the offence punishable under Section 7 of Prevention of Corruption Act 1988 as amended Prevention of Corruption Act 2018. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.15 11:28:58 +0530 2 2. According to the prosecution story, the applicant, being a public servant, had demanded a bribe of Rs. 17,500/- for the transfer of land purchased by Janendra Kumar and his wife, which has been recovered from the applicant by the Anti-Corruption Bureau team Raipur. And considering the offence against the applicant under Section 7 of Prevention of Corruption Act 1988, as amended Prevention of Corruption Act 2018, the applicant has been taken into custody on 03/07/2025. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case He submits that the no offence under Section 7 of the Prevention of Corruption Act, 1988 (as amended in 2018) is made out against him, and the case rests solely on presumption. The applicant has no prior criminal history and has been serving on compassionate appointment since 2007 with utmost honesty and integrity, with no complaints against him before this case. He is a permanent resident of the address mentioned in the cause title, ensuring no likelihood of absconding or tampering with prosecution witnesses. The applicant undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail. and he is in jail Since 03.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant 4. On the other hand, learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further taking into account that the charge-sheet has been filed and the applicant has no criminal antecedents, therefore, conclusion of the trial may take time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Virendra Turkane, involved in Crime No. 41/2025, registered at Police Station – Anti Corruption Bureau, Raipur, District - Raipur (C.G.) for the offence punishable under Section 7 of Prevention of Corruption Act 1988 as amended Prevention of Corruption Act 2018, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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. 8. Office 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 vaibhav