1 2026:CGHC:19947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3921 of 2026 Pradeep Kumar Neekhra S/o Late M.L. Neekhra Aged About 67 Years R/o. 15, Amaltash Colony, Phase 2, Chuna Bhatta, Near Kali Mandir, Bhopal, District Bhopal (M.P.) ... Applicant versus State Of Chhattisgarh Through- State Economic Offences Bureau/Anti- Corruption Bureau, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Manoj Paranjpe, Senior Advocate assisted by Mr. Kabeer Kalwani, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 19/2000, registered at State Economic Offences Bureau/Anti- Corruption Bureau, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 406, 409, 420, 467, 468, 471 and 120B of the IPC and Section 13(1)(c) and 13(2) of the Prevention of Corruption Act. 2. The case of the prosecution, is that the F.I.R. of the incident was lodged on 23.10.2000 (before 8 days from the date of the formation of the state i.e. 01.11.2000) in respect of the incident alleged to have been occurred in between 1995 to 1998. It was registered at Bhopal, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and subsequently after bifurcation of the state the F.I.R. and the entire investigation has been transferred to the state of (C.G.) because the incident pertains to Madhya Pradesh State Cooperative Housing Federation, Regional Office Raipur, (C.G.). The F.I.R. was lodged inter Alaia on the allegations that 186 members of the said Society obtained the loan to the tune of Rs. 1,86,00,000/- in instalments. It has been alleged that after due verification it was revealed that no construction of the residential house has been carried out and the borrowers were not traceable, their address was wrongly been shown. The monthly instalments are being paid by Awas Sangh. It has been further alleged that the Regional Officer, A.E. Gaberial has issued the progress certificates of the construction and without holding or conducting any spot inspection the certificates were issued, Basant Sahu also issued the completion certificates. It has been further alleged that all the 3 accused persons namely A.E. Gaberial the regional officer Awas Sangh, Basant Sahu, Awas Supervisor and Thawarmal Sindhi the Chairman of the Society got sanctioned the loan amount and the same is being used for personal gains. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and though the charge-sheet has not been filed in this case, but the incident pertains to the year 1995-1998 and the FIR of the incident was lodged on 23.10.2000 against three accused persons namely A.E. Gaberial, Basant Sahu and Thawarmal Sindhi, and the main accused person A.E. Gaberial against whom the FIR was lodged, has died and the applicant is not named in the FIR and it is stated that the loan was 3 disbursed to unauthorized persons, and thereafter, a notice under Section 179 of BNSS was issued to the applicant for his appearance before the ACB on 03.04.2026, and it is stated that the applicant happens to be 67 years old person and he has already been retired on 30.06.2021. The applicant is in jail since 04.04.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has not been submitted before the competent Court, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the charge-sheet has not been filed in this case, but the incident pertains to the year 1995-1998 and the FIR of the incident was lodged on 23.10.2000 against three accused persons namely A.E. Gaberial, Basant Sahu and Thawarmal Sindhi, and the main accused person A.E. Gaberial against whom the FIR was lodged, has died and the applicant is not named in the FIR and it is stated that the loan was disbursed to unauthorized persons, and thereafter, a notice under Section 179 of BNSS was issued to the applicant for his appearance before the ACB on 03.04.2026, and it is stated that the applicant happens to be 67 years old person and he has already been retired on 30.06.2021, the applicant is in jail since 04.04.2026 and conclusion of 4 the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Pradeep Kumar Neekhra, involved in Crime No. 19/2000, registered at State Economic Offences Bureau/Anti- Corruption Bureau, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 406, 409, 420, 467, 468, 471 and 120B of the IPC and Section 13(1)(c) and 13(2) of the Prevention of Corruption Act, be released on bail on his furnishing a personal bond with two local 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 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 5 accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar