1 2025:CGHC:61355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9785 of 2025 Yugal Kishor S/o Shri Chain Lal Sahu Aged About 36 Years R/o Aamapara In Front of Sarthak Apartment, Balod District Balod Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station ACB District Raipur Chhattisgarh ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.12.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 56/2025 registered at Police Station A.C.B. Raipur, District Raipur (C.G.) for the offence punishable under Section 7 and 12 of the Prevention of Corruption Act, 1988. 2. As per the case of the prosecution, the complainant, Mukesh Kumar Yadav, was dismissed from service as a Driver on 31.01.2025 and was posted as a Chowkidar at the Community Health Centre, Gurur. He challenged the said order before this Hon’ble Court, wherein an interim ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.17 11:16:58 +0530 2 stay order was granted in his favour, and accordingly, he resumed duty as a Driver at Balod. It is alleged that, for preparing the reply to the said writ petition and for verifying entries in his service book, the applicant, working as Assistant Grade-II, along with a co-accused, demanded a bribe of Rs. 50,000/- from the complainant. Out of the said amount, a sum of Rs. 20,000/- had already been paid earlier, and when the remaining balance was being demanded, the complainant reported the matter to the Anti-Corruption Bureau (ACB), Raipur. 3. Learned Counsel for the applicant submits that the applicant has been falsely implicated in the present crime, which was never committed by him, therefore, the applicant deserves to be released on bail. She submits that the applicant has no connection with the alleged demand or acceptance of any bribe. There is no material on record to show that the applicant ever demanded or voluntarily accepted any illegal gratification. He also submits that no OfÏcer-in-Charge (OIC) was appointed at the time of the alleged complaint, as stated in the FIR, therefore, the allegations are baseless. The applicant was not authorized to carry out the alleged work of drafting the reply to the writ petition or making any entry in the service book of the complainant. She further that the present applicant has no criminal antecedents and he is in jail since 16.10.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He submits that the complainant, Mukesh Kumar Yadav, was initially posted as a driver in the Health Department and was later demoted to the post of chowkidar, pursuant to which he filed a writ petition. After notice was issued to the State in the said matter, the 3 applicant and other co-accused allegedly demanded a bribe of Rs. 50,000/- out of which Rs. 20,000/- was allegedly paid. Thereafter, the complainant lodged a complaint with the Anti-Corruption Bureau (ACB). Acting upon the complaint received on 07.10.2025, the ACB laid a trap and arrested the applicant on 14.10.2025 while allegedly accepting the bribe amount. Therefore, the applicant is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and further the fact that the applicant has already been suspended from his duties due to his conduct, moreover, the fact that the applicant has no criminal antecedents, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 16.10.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Yugal Kishor, involved in Crime No. 56/2025 registered at Police Station A.C.B. Raipur, District Raipur (C.G.) for the offence punishable under Section 7 and 12 of the Prevention of Corruption Act, 1988, be released on bail on furnishing 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 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek