1 2025:CGHC:56326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9321 of 2025 Mohan Ram S/o Late Nanku Ram Aged About 42 Years R/o Village- Pandari, Tahsil- Raghunathnagar, District- Balrampur-Ramanujganj, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Anti-Corruption Bureau, Raipur, Unit- Ambikapur, District- Balrampur-Ramanujganj, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Virendra Verma, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 52/2025, registered at Police Station – Anti-Corruption Bureau, Raipur, Unit- Ambikapur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 07 of Prevention of Corruption Act, Amended, 2018. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story, in brief, is that the applicant demanded a bribe of Rs. 13,000/- from the complainant, Priyanshu Dubey, for delivering the Rin Pustika after making the necessary entries relating to partition. The complainant reported the demand to the Anti-Corruption Bureau, upon which a trap was organized. During the trap proceedings, the complainant handed over Rs. 10,000/- to the applicant, who was allegedly caught red-handed accepting the bribe, and was immediately arrested. Hence, the present bail application has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and his innocence continues to be presumed in the eyes of law until the conclusion of the trial. It is argued that in corruption cases, the substantial part of the investigation is completed on the very day of the trap, and whatever remains thereafter is merely procedural in nature, which does not require the continued custody of the applicant. It is further submitted that prosecution under the Prevention of Corruption Act cannot proceed without obtaining a valid sanction, and since the sanction process is lengthy and time- consuming, keeping the applicant incarcerated for an indefinite period would amount to pre-trial punishment. The applicant has no criminal antecedents, has deep roots in society, and is the sole breadwinner of his family. He also submits that the applicant is in jail since 10.09.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 3 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. He also submits that the allegations against the applicant are grave and fully supported by the trap proceedings conducted by the Anti-Corruption Bureau. It is argued that the applicant was caught red-handed while accepting Rs. 10,000/- as illegal gratification, which had been previously demanded from the complainant for issuing the Rin Pustika after entering the partition details. The tainted currency notes were recovered from the possession of the applicant during the trap, and the phenolphthalein test also confirmed his direct involvement in the offence. It is further submitted that the materials collected during investigation clearly establish the demand, acceptance, and recovery of bribe from the applicant, leaving no ground for extending any benefit to him at this stage. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties and considering the fact that though the materials collected during investigation clearly establish the demand, acceptance, and recovery of bribe from the applicant, but the charge-sheet has been filed before the competent Court, he has no previous criminal antecedents and the applicant is in jail since 10.09.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the bail application is allowed. Let the applicant - Mohan Ram, involved in Crime No. 52/2025, registered at Police Station – Anti-Corruption Bureau, Raipur, Unit- Ambikapur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 07 of Prevention of Corruption Act, Amended, 2018, 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 sufÏcient 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 5 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan