Nafr High Court
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:9380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1520 of 2025 Mithilesh Singh Sengar S/o Mohan Singh Sengar Aged About 57 Years Profession Suspended Development Block Education OfÏcer, R/o Near Central Bank Main Road Sitapur, P.S. And Tehsil Sitapur, District Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station - A.C.B., Ambikapur (C.G.) ... Non-Applicant For Applicant(s)
Legal Reasoning
Case of the prosecution, in brief, is that, it appears prima facie that 2 after verification of the written complaint made by the complainant Chamarsai Paikara in ACB branch Ambikapur, ACB registered a named FIR against the applicant, Rajkumar Prasad (Assistant Grade-2) and Anurag Barai (Assistant Teacher) under Section 7, 12 of P.C. Act 1988 and a trap was conducted on 11.12.2024. In the trap action, the above accused are shown to have been caught red handed in front of five witnesses while receiving the bribe of Rs 15,000/- cash, demanded from the complainant. However the investigating team has not found the present applicant receiving any amount but the applicant had been made accused on the basis of the memorandum statement of the co-accused. Hence the aforesaid offence has registered against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant gave a show cause notice dated 21.07.2024 and 26.07.2024 to the complainant regarding inconsistencies in mid- day meal of the children and regarding low standard of education given to the children due to which the complainant filed false case against the applicant because of personal enmity, whereby the complainant was suspended by the joint director and was transferred from Batauli, Surguja to Patthalgaon, Jashpur by the present applicant. He further submits that as per the case diary and prosecution case, the applicant, along with co-accused, was allegedly caught red-handed during a trap action while accepting a bribe of Rs. 15,000/-. However, the 3 applicant denies any such involvement and submits that the alleged recovery has been falsely planted as the applicant never touched or demanded any amount from the complainant. He also submits that the applicant had a vocal cord surgery and was suspected of cancer whereby the applicant have to be in continuous touch with the medical professionals for regular checkups. The applicant has an unblemished service record and has never been involved in any criminal as well as corruption related activities, he has made accused only on the basis of memorandum statement of the co- accused. He has always performed his ofÏcial duties with utmost integrity and dedication and he is in jail since 10.01.2025, the applicant has no criminal antecedents, however charge-sheet has not yet 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 appearing for the respondent/State opposes the bail application and submits that in the present case, charge-sheet has not 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. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 10.01.2025 and the fact that the work for service book and 4 LPC (last pay certificate) for which the amount in question was alleged to be demanded was already completed on 22.11.2024 through online mode and the service book of the complainant was also signed on 12.12.2024 by the applicant and any transaction took place which shows that the complainant is falsely implicating the applicant because of personal grudges and also considering the fact that the the applicant undergone vocal cord surgery due to suspected cancer, as a result, requires continuous follow-up care and regular check-ups with medical professionals and moreover, the applicant has already suspended from his service, further the present applicant has made accused only on the basis of memorandum statement of the co-accused from who the alleged recovery has been made and there is no seizure made from the present applicant and he has no criminal antecedent and 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. Let the Applicant-Mithilesh Singh Sengar , involved in Crime No. 03/2025 registered at Police Station Anti Corruption Bureau, Ambikapur, District-Surguja (C.G.) for the offence punishable under Sections 7 and 12 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 5 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 sufÏcient 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 sufÏcient 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. 8. OfÏce 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
Arguments
: Mr. Shakti Raj Sinha, Advocate. For Non-Applicant(s) : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/02/2025 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. 03/2025 registered at Police Station Anti Corruption Bureau, Ambikapur, District-Surguja (C.G.) for the offence punishable under Sections 7 and 12 of Prevention of Corruption Act. 2.