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2026 DAILYLAW 38497 (CHH)

KUMARI PILESHWARI SAHU v. STATE OF CHHATTISGARH

MCRC/8880/2026 · 2026-10-06

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2026

Judgment text

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1 CGHC010370452026 2026:CGHC:43493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8880 of 2026 Kumari Pileshwari Sahu D/o Late Evant Lal Sahu Aged About 38 Years Designation Female Head Constable No. 1155, Police Station Kodenar, R/o House No. 48/48, Gram Temari, Police Station Komakhan, District Mahasamund Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station E.O.W./ A.C.B. Raipur, Unit Jagdalpur, District Bastar Chhattisgarh. ... Non-Applicant For Applicant : Mr. Manish Nigam, Advocate For Non-Applicant : Mr. Dharmesh Shrivastava, Deputy Advocate General Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 07/10/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who is in custody in connection with Crime No. 38/2026 registered at Police Station EOW/ACB Raipur (Unit Jagdalpur, District Bastar) for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (as amended by the PC Act, 2018). The applicant is in jail since 23.07.2026. 2. Case of the prosecution, in brief, is that a complaint was lodged by the complainant- Bangalu Yadav alleging that he is the owner of an Eicher 2 Tractor bearing registration No. CG-17-KX-1023, which was involved in an accident resulting in a fatality, in respect of which Crime No. 48/2026 under Sections 281 and 106(1) of the Bharatiya Nyaya Sanhita, 2023 was registered at Police Station Kodenar. The applicant, who was posted as a Female Head Constable and was investigating the said accident case, allegedly demanded an illegal gratification of 10,000/- ₹ to 20,000/- from the complainant for providing the seizure documents ₹ and facilitating the release of the vehicle on supurdnama. On a written complaint made to the Anti-Corruption Bureau (ACB), Jagdalpur, a verification was conducted through a digital voice recorder. Subsequently, a trap was laid on 23.07.2026 at Police Station Kodenar, wherein the applicant was apprehended and the tainted amount of ₹10,000/- was allegedly recovered from her office table, leading to the registration of the present crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. It is submitted that there is no cogent evidence regarding any voluntary demand and acceptance of bribe money by the applicant. It is further submitted that the investigation is complete and the charge-sheet has already been filed, the applicant is a female public servant having no criminal antecedents, she is in custody since 23.07.2026, and the trial is likely to take considerable time to conclude; therefore, she may be released on regular bail. 4. On the other hand, learned counsel appearing for the State opposes the bail application and submitted that the applicant, while working on the post of a Head Constable, demanded an illegal gratification of ₹10,000/- and was trapped red-handed by the ACB while accepting the bribe amount; thus, in view of the seriousness and gravity of the corruption allegations against a public servant, she may not be enlarged on regular bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the submissions of the learned counsel for the parties, particularly considering that the investigation has been completed and the charge-sheet has already been filed; further taking into account that the alleged bribe amount of 10,000/- was recovered ₹ from the table, that the applicant is a woman having no criminal antecedents, she is in jail since 23.07.2026, and the conclusion of the trial is likely to take some time, this Court, without commenting anything on merits of the case, is inclined to enlarge the applicant on bail. Accordingly, the application is allowed. 7. Accordingly, the application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, she shall be released on bail, on following conditions :- (i) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) she shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. 8. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim