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2026 DAILYLAW 10113 (CHH)

SATISH SODHI v. STATE OF CHHATTISGARH

MCRC/3357/2026 · 2026-05-03

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Judgment text

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1 2026:CGHC:20739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3357 of 2026 Satish Sodhi S/o Bangaram Sodhi Aged About 33 Years R/o Village- Khandham, Ps And District- Kondagaon, Cg, At Present R/o Dnk Colony, Kondagaon, Ps And District- Kondagaon (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Eow/ Anti Corruption Bureau, Raipur Unit, Jagdalpur (C.G.) ... Non-applicant For Applicant : Mr. Sobhit Koshta, Advocate For Non-applicant : Dr. Sourabh Kumar Pandey, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.06/2026, registered at Police Station : EOW/ Anti Corruption Bureau, Raipur Unit, Jagdalpur for the offence ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.05 18:44:59 +0530 2 punishable under Sections 7 of Prevention of Corruption Act. 2. The prosecution story in brief is that the applicant, posted as Assistant Grade-II/Lekhapal in the Office of the District Education Officer, Kondagaon (C.G.), allegedly demanded a sum of Rs.40,000/- from the complainant for clearing his pensionary benefits; upon such demand, the complainant lodged a written complaint, pursuant to which the conversation regarding the demand was recorded and a trap was organized on 06.02.2026, during which the complainant allegedly handed over the bribe amount to the applicant, who was caught red-handed while accepting the same, leading to registration of the present case against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and no offence has been committed by him. It is further submitted that the essential ingredient of demand is not proved and even as per the prosecution case the phenolphthalein test did not turn positive, which shows that the applicant neither demanded nor accepted any bribe amount. It is also submitted that the applicant, being an Assistant Grade-II, is merely a clerical staff having no authority to sanction or disburse pensionary benefits, 3 thereby rendering the allegations inherently improbable. It is further contended that during the trap proceedings the complainant allegedly forced the amount upon the applicant and the recovery was not from his conscious possession. It is also submitted that in absence of proof of demand and acceptance no offence under Section 7 of the Prevention of Corruption Act is made out. Lastly, it is submitted that the applicant has serious family responsibilities including dependent ailing mother, disabled sister, old-aged father and recently delivered wife. Therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the submissions and submits that there is sufficient material available on record to prima facie establish the demand and acceptance of illegal gratification by the applicant. It is further submitted that the trap proceedings were conducted in accordance with law and the applicant was caught during the course of the trap, which clearly indicates his involvement in the offence. It is also contended that the allegations are serious in nature and, therefore, the applicant is not entitled to the benefit of bail. 5. I have heard learned counsel for the parties and perused the 4 case diary. 6. Considering the facts and circumstances of the case, particularly the nature of allegations, the fact that the phenolphthalein test did not turn positive, the applicant being a clerical staff having no final authority in the matter, and without commenting on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail. It is also taken into consideration that the applicant is in custody since 07.02.2026 and the charge- sheet has already been filed, therefore, further custodial interrogation of the applicant is not required and the conclusion of trial is likely to take some time and the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Satish Sodhi involved in Crime No.06/2026, registered at Police Station : EOW/ Anti Corruption Bureau, Raipur Unit, Jagdalpur for the offence punishable under Sections 7 of Prevention of Corruption Act, be released on bail on furnishing personal bond with two local 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 5 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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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) 6 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Arpan