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2026 DAILYLAW 26585 (CHH)

SUSHIL KUMAR EKKA v. STATE OF CHHATTISGARH

MCRC/5151/2026 · 2026-07-09

Transfer Petitionbody2026

Judgment text

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1 CGHC010203522026 2026:CGHC:29162 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5151 of 2026 Sushil Kumar Ekka S/o Shri Narmada Prasad Aged About 40 Years Resident Of Ward No.17, Purani Basti, Manendragarh, District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Office Of Superintendent Of Police Anti Corruption Bureau Raipur Unit District- Raipur (C.G.) ... Respondent For Applicant : Shri T.K. Jha, Sr. Advocate with Shri Tapan Kumar Chandra, Advocate. For Respondent/State : Shri Sumit Singh, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.13 11:32:54 +0530 2 arrested in connection with Crime No.15/2026 registered at Police Station Office of Superintendent of Police Anti Corruption Bureau, Raipur Unit, District- Raipur (C.G.) for the offence punishable under Sections 7 & 12 of Prevention of Corruption Act. 2. Case of the prosecution, in brief, is that the complainant namely Chandramani Verma is the proprietor of the Sai Construction and Supplier and the office of Nagar Palika Parishad Manendragarh had issued the action for construction of Returning Wall amounting to Rs.19.65 lakhs and for CC Road amounting to Rs.2.41 lakhs and the said construction work was allotted to the complainant and after the completion of the some work, the complainant produced the bill of Rs.5.90 lakhs and 1.10 lakhs but in the name of physical verification, the present applicant and other co- accused persons have demanded 9% commission for the said amount. The complainant has made complaint to the Anti Corruption Bureau and after the pre-planning of the Anti Corruption Bureau, catch hold the accused persons and also seized cash amount of Rs.33,000/-from the possession of accused persons. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated by the Anti- 3 Corruption Bureau. It is contended that the applicant has neither committed nor participated in the alleged offences and that the material collected during investigation does not prima facie establish his involvement. He would further submit that the applicant has already been suspended from service, charge sheet has been filed in this case, the applicant is in jail since 23/03/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 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, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, also considering the fact that the applicant has already been suspended from service, period of detention of the applicant since 23/03/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sushil Kumar Ekka, involved in Crime No.15/2026 registered at Police Station Office of Superintendent of Police Anti Corruption Bureau, Raipur Unit, District- Raipur (C.G.) for the offence punishable under Sections 7 & 12 of Prevention of Corruption 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 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 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri