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2025 DAILYLAW 52297 (CHH)

PRAMOD NARAYAN YADAV v. STATE OF CHHATTISGARH

MCRC/8139/2025 · 2025-10-12

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Judgment text

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1 2025:CGHC:50945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8139 of 2025 • Pramod Narayan Yadav S/o Late Harishchandra Yadav Aged About 58 Years R/o Ward No. 21, Ramanujganj, Chowki Gouripara, Ambikapur, District- Surguja, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Anti Corruption Bureau Ambikapur, District- Surguja, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mrs. Renu Kochar, Advocate For Respondent/State : Dr. Saurabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 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. 51/2025 registered at Police Station – Anti-corruption Bureau, Ambikapur, District-Surguja (C.G.), for the offence punishable under Sections 7 of the prevention of Corruption Act 1988. 2. Case of the prosecution, in brief, is that the complainant submitted a written complaint before the Deputy Superintendent of Police, ACB VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.14 18:54:59 +0530 2 Ambikapur alleging that he has ancestral land in Village Khairadih Tehsil Pratapur which is registered in the joint account in the name of his father, the family partition of the land has to be done for which he needs old boundary map of the land, he went to Land Revenue Office Surajpur where he met tracer Pramod Narayan Yadav posted in Land Revenue Office, whereby it is alleged that applicant being a Government servant demanded a bribe of Rs.10,000/- in liue of preparing the boundary map of the ancestral land. For which the report was lodged and based on the same, the ACB Ambikapur District-Surguja conducted the raid on 10.09.2025 and the FIR has been registered against the applicant, hence this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he has not committed any offence alleged by the prosecution. He further submits that the applicant was working as tracer in Land Revenue Office, Surguja District – Surajpur and however, he had no control over the making of boundary map. He further submitted that there is no proof of demand and accepted of bribe in the case at hand, the applicant being the tracer had no role to prepare the document. Further, applicant is in jail since 10.09.2025 the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court and the applicant has no criminal antecedent, looking to the gravity of offence, applicant is not entitled for grant of bail. 3 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 allegation levelled against the applicant and, though the charge-sheet has not been filed till date but the applicant is a senior citizen aged about 58 years, applicant is in jail since 10.09.2025, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Pramod Narayan Yadav involved in Crime No. 51/2025 registered at Police Station – Anti-corruption Bureau, Ambikapur, District-Surguja (C.G.), for the offence punishable under Sections 7 of the prevention of Corruption Act 1988, be released on bail on their 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. 4 (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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali