1 2026:CGHC:19624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3863 of 2026 Gopal Krishna Sharma S/o- Kamleshchandra Sharma Aged About 32 Years Sub Divisional Officer Rural Mechanical Services, Sub Division Palari District- Balodabazar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through A C B Raipur, District- Raipur ... Non-Applicant(s) For Applicant(s) : Mr. Akhand Pratap, Advocate. For Non-Applicant(s) : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2026 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. 08/2026 registered at Police Station Anti Corruption Bureau, Raipur, District-Raipur (C.G.) for the offence punishable under Sections 7 of Prevention of Corruption Act. 2. Case of the prosecution, in brief, is that a construction work relating to the leveling of Government Higher Secondary School, Bhawanipur, was sanctioned at an approximate cost of Rs. 10,00,000/-. After completion of the work, the evaluation and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 assessment of the work and the corresponding bill were pending before the concerned department. The concerned department initially assessed the work at a lower amount of Rs. 1,32,000/-. Thereafter, taking undue advantage of his official position, the accused demanded an illegal gratification of Rs. 80,000/- from the complainant for enhancing the said evaluation amount. Under pressure, the complainant had earlier paid a sum of Rs. 15,000/- to the accused as part payment of the demanded bribe. On 19.02.2026, the complainant, acting in accordance with the instructions of the trap team, met the accused and paid a further sum of Rs. 25,000/- as part of the bribe amount. Immediately thereafter, the trap team apprehended the accused red-handed. Based upon such, the aforesaid offence was registered against the applicant/accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case merely on the basis of suspicion, without any cogent or admissible material to establish his active or intentional involvement in the alleged offence. It is further submitted that the applicant neither demanded nor accepted any illegal gratification and that the complainant is neither a contractor nor an executing agency of the said work, but is the Vice Sarpanch of Gram Panchayat Bhawanipur, who had a prior dispute with the applicant owing to his interference in the construction work, as the complainant intended to get the work executed through “peti contract,” which was not supported by the applicant. It is also contended that the applicant had completed the assigned work on 3 07.02.2026 and had duly forwarded the report along with the relevant noting prior thereto and that the allegation regarding enhancement of valuation is wholly incorrect and without merit. It is further submitted that an inspection was conducted on 27.12.2025 by the CEO along with the present applicant, at which time the work was still incomplete and a valuation of Rs. 8,35,979/- was assessed based on the status of the work at that stage, thereafter, upon completion of the work, a final inspection was carried out on 07.02.2026 and the valuation/report was accordingly finalized and submitted, a copy of which has been filed as Annexure P-3. Lastly, it is submitted that the investigation has already been completed and the charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required, the applicant is in jail since 19.02.2026 and has no criminal antecedent 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 appearing for the respondent/State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court. He further submits that applicant is involved in a case of taking bribe from the complainant, which was a trap laid down by the ACB, 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. Considering the submissions and records, it is clear that the applicant has been in custody since 19.02.2026, has no previous 4 criminal history and has already been suspended from service. The investigation is complete, the charge-sheet has been filed before the competent Court and there is no likelihood of tampering with evidence or influencing witnesses and further custodial interrogation is not required. In view of these facts, the applicant is entitled to be released on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant-Gopal Krishna Sharma, involved in Crime No. 08/2026 registered at Police Station Anti Corruption Bureau, Raipur, District-Raipur (C.G.) for the offence punishable under Sections 7 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 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 5 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal