1 CGHC010275412026 2026:CGHC:31251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6464 of 2026 Pradeep Mishra S/o Late Prabhakar Mishra Aged About 60 Years Assistant Grade-02, B.E.O. Office Podi Uproda, District Korba, Beside B.E.O. Office Village Podi Uproda, District Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through State Economic Offences Investigation And Anti-Corruption Bureau (A C B), Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ashutosh Trivedi, Advocate. For Respondent(s) : Mr. Sumit Singh, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/07/2026 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 arrested in connection with Crime No. 26/2026 registered at Police Station ACB/EOW Raipur (C.G.) for the offence punishable under Section AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 7 of the Prevention of Corruption Act. 2. Case of the prosecution, in brief, is that on the basis of a written complaint lodged by Shri Amritlal Baghel, Headmaster, alleging that the applicant had demanded a bribe of Rs.40,000/- for processing official documentation relating to GPF deductions, the Anti-Corruption Bureau registered the case and organized a trap on 29.05.2026. During the trap proceedings, the applicant was allegedly caught while accepting and possessing the tainted bribe amount, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the investigation in the present case stands concluded and the final report/charge-sheet has already been filed before the competent trial Court on 04.07.2026. Consequently, all the relevant materials and documentary evidence are now in the custody of the Court, and no further custodial interrogation of the applicant is required. In such circumstances, the continued detention of the applicant is not necessary for the purpose of investigation. He also submits that as noticed in the impugned order as well as the final report, the mandatory sanction for prosecution under Section 19 of the Prevention of Corruption Act has not yet been obtained. In the 3 absence of a valid sanction, the trial Court cannot take cognizance of the offence or proceed with the trial. Since obtaining such sanction is an administrative process likely to consume considerable time, the applicant ought not to be kept in judicial custody for an indefinite period pending the grant of sanction. He lastly submits that the applicant has already been suspended from the service. The applicant is in jail since 29.05.2026, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly demanded a bribe of Rs.40,000/- from the complainant for processing official documentation relating to GPF deductions and was allegedly caught by the Anti-Corruption Bureau during a trap while accepting the tainted amount. Therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 29.05.2026, the fact that though the demanded a bribe of Rs.40,000/- for processing GPF-related work and was caught in a 4 trap while accepting the tainted amount, but considering the fact that the applicant has already been suspended from the service and has no criminal antecedent, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Pradeep Mishra, involved in Crime No. 26/2026 registered at Police Station ACB/EOW Raipur (C.G.) for the offence punishable under Section 7 of the 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 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial 5 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. 9. 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 Akhil