1 2025:CGHC:60059 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10128 of 2025 Manoj Rao Todekar S/o Late Dhanpat Rao Todekar Aged About 59 Years Assistant Grade-2, Tribal Development Department Posted At Bilaspur C.G., R/o Near House Of Ashok Rao, Gondpara, Police Station- City Kotwali, Bilaspur, District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer/officer In-Charge, Unit- A.C.B. Bilaspur, District Bilaspur C.G. ---- Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Adv. General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 54/2025, registered at Police Station – ACB Unit Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 7 of Prevention of Corruption Act (In short ‘PC Act’). 2. The case of the prosecution, is that the complainant is a resident of Village Nipaniya and belongs to the Satnami Jati. The complainant entered into an inter-caste marriage in July 2024 with Punni Sahu, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 resident of Village Silyari, District Raipur, through the Arya Samaj and the District Marriage Registration Office, Durg. The complainant's wife belongs to the Teli caste. For inter-caste marriage, there is a provision under the government scheme for an incentive amount of Rs. 2.50 lakh, which is granted from the district of permanent residence. The complainant had submitted an application in the Adivasi (Tribal) Development Department 2-3 months prior. 3. In the month of September, a phone call came from the Adivasi Development Department and the caller, introducing himself as Manoj Tondekar, said, that his marriage incentive amount has been approved, and to go and meet him. Accordingly, on 06.10.2025, the complainant went to the department and met with the present applicant, who stated that out of the incentive amount of Rs. 2.50 lakh, Rs. 1.5 lakh would be deposited as Fixed Deposit (FD) and Rs. 1 lakh would be credited to the account and for this process, you will have to pay a bribe of Rs. 10,000/-. In this regard, the complainant appeared at the Anti- Corruption Bureau (ACB) Office, Bilaspur on 06.10.2025 and submitted a written complaint to Inspector Paurush Purre. Upon this, a voice recorder and memory card were attached, and the complainant was given the same to record the conversation demanding the bribe. 4. On 07.10.2025 at around 02:30 PM, the complainant went to the office of the present applicant at the Adivasi Development Department, Bilaspur, had a conversation with the present applicant and recorded the said conversation on the voice recorder. During this conversation, the present applicant agreed to accept a bribe amount of Rs. 10,000/- and after confirmation that the accused had demanded bribe from the 3 complainant, on 10.10.2025, a first information report on zero was lodged against the present applicant who was working as Assistant Grade-2, Adivasi Development Department, under Section 7 of the Prevention of Corruption Act, 1988, and preliminary proceedings were initiated at the ACB Office, Bilaspur. The complainant Abhilash was asked where the present applicant would be found, to which he replied that the present applicant would be at his office in the Adivasi Development Department, Bilaspur. 5. Accordingly, the trap team positioned themselves in hiding around his office. The complainant was sent to the accused with the bribe amount of Rs. 10,000/-. Outside the office room in the veranda near the water cooler, the complainant gave the pre-arranged signal for handing over the bribe. Thereupon, the trap team caught hold of the accused's hand. The applicant was questioned about his name and the bribe amount, to which he stated his name as Manoj Rao Todekar. Necessary proceedings were conducted at the spot. After completing all legal formalities, the accused Manoj Rao Tondekar was arrested. Hence, this application. 6. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant and no evidence regarding the involvement of the applicant in crime in question is collected by the Police. It is further submitted that the charge-sheet has not been filed in this case. The applicant is in jail since 10.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 7. On the other hand, the learned State counsel opposes the bail application and submits that though there is no criminal antecedents registered against the present applicant, but the charge-sheet has not been filed in this case and the investigation is still in progress, therefore, the applicant is not entitled for grant of bail. 8. I have heard learned counsel for the parties and perused all of the documents available on record. 9. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though charge-sheet has not been filed against the applicant till date, but there is no criminal antecedents registered against the present applicant and no evidence regarding the involvement of the applicant in crime in question is collected by the Police, the applicant is in jail since 10.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 10. Let applicant, Manoj Rao Todekar, involved in Crime No. 54/2025, registered at Police Station – ACB Unit Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 7 of PC 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 5 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 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. 11. 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 Rajshekhar