1 2026:CGHC:16373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3215 of 2026 Poonam Chand Agarwal S/o. Late Bajrang Lal Agarwal Aged About 49 Years R/o.- House No. A/511, Palm Resort, Suddu Raipur, District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Anti-Corruption Bureau/ Economic Offence Wing, Ambikapur, District- Surguja Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ashutosh Trivedi, Advocate For Non-Applicant/State : Dr. Sourabh Kumar Pande, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.04.2026 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. 07/2026 registered at Police Station- Anti-Corruption Bureau/ Economic Offence Wing, Ambikapur, District- Surguja, (C.G.) for the offence punishable under Sections 07 and 12 of the Prevention of Corruption Act, amended 2018. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that as reflected in the impugned order Annexure A-1, it is alleged that the applicant, while posted as Deputy Commissioner (Superintending Engineer) in the Chhattisgarh Housing Board, Circle Ambikapur, demanded illegal gratification of Rs.60,000/- from the complainant, contractor Ravi Kumar Bani, in connivance with co-accused Anil Sinha, in lieu of conducting physical verification and recommending final time extension for construction works relating to the New Tehsil Building at Village Doura Kochli and additional rooms at Kasturba Gandhi Residential School, Lundra, the complainant, being unwilling to pay the bribe, approached the Anti-Corruption Bureau, pursuant to which a trap was organized on 05.02.2026, during which the applicant was allegedly caught red-handed and thereafter arrested for offences punishable under Sections 7 and 12 of the Prevention of Corruption Act, 1988 as amended in 2018. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to personal grudge of the complainant, whose construction work was incomplete and irregular, and upon refusal of the applicant to give a favourable physical verification report, a false trap has been orchestrated against him. It is further submitted that the applicant has already been placed under suspension and is no longer in a position to influence the official process. It is also submitted that in offences under the Prevention of Corruption Act, demand, acceptance and recovery are essential ingredients, however in the 3 present case no tainted money has been recovered from the physical possession of the applicant and no chemical traces were found on his hands, thereby making the prosecution case doubtful. It is further submitted that the applicant is a differently-abled person suffering from polio effect in his shoulder and is also a chronic patient of arthritis, due to which he is facing serious difficulty in custody and requires proper medical treatment. It is also submitted that the trap was conducted on 05.02.2026 and the entire material evidence is already in possession of the prosecution, therefore there is no possibility of tampering with the same. It is further submitted that the apprehension of influencing witnesses or tampering with evidence is baseless and can be addressed by imposing appropriate conditions. It is also submitted that sanction for prosecution against the applicant is yet to be obtained which is a time-consuming process and continued incarceration would amount to pre-trial punishment, He further submits that the present applicant has no previous criminal antecedents, the charge-sheet has been filed before the competent Court, she is in jail since 05.02.2026, 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 submitted before the competent Court. He further submits that the applicant, being a public servant, is involved in a serious offence under the Prevention of Corruption Act and was caught red-handed during a duly conducted trap while accepting illegal gratification. It is further 4 submitted that sufficient material has been collected during investigation establishing demand and acceptance of bribe and the role of the applicant is clearly made out. It is also submitted that considering the gravity of the offence and the position held by the applicant, she is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations and the material available on record, though the allegation against the applicant is of demand and acceptance of illegal gratification, but there is no clear recovery from his conscious possession and the matter requires further appreciation of evidence during trial, and further considering that the applicant is in jail since 05.02.2026, has already been placed under suspension, is a differently-abled person suffering from medical ailments, she has no previous criminal antecedents and the charge-sheet has been submitted before the competent Court, and the conclusion of the trial may take some more time, therefore, this Court is of the considered view that 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 - Poonam Chand Agarwal, involved in Crime No. 07/2026 registered at Police Station- Anti-Corruption Bureau/ Economic Offence Wing, Ambikapur, District- Surguja, (C.G.) for the offence punishable under Sections 07 and 12 of the Prevention 5 of Corruption Act, amended 2018, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 6 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 her 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 Rahul Dewangan