Abir Ram vs State Of Chhattisgarh

Ramesh Sinha, J

Since the above-mentioned three bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order.

These are 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 applicants who have been arrested in connection with Crime No. 18/2024 registered at Police Station Ambikapur, Anti Corruption Bureau (C.G.) for the offence punishable under Sections 7 & 12 of the Prevention of Corruption Act, 1988.

Case of the prosecution, in brief, is that the complainant, namely, Kanhai Ram lodged a written complaint at ACB Branch, Ambikapur alleging that the accused persons are demanding illegal gratification for passing orders in favour of the complainant in a pending revenue appeal against an order passed in mutation case relating to the land which was in the name of the complainant and his family members. Thereafter, a trap was conducted and the accused persons were trapped taking Rs.50,000/- from the complainant for the above purpose.

Learned counsel for applicant in MCRC No.4983 of 2024 submits that the applicant has not committed any offence mentioned above and he has been falsely implicated in the present crime. He further submits that the investigation authority has not collected any material evidence against the present applicant, moreover the applicant has never demanded any amount from the complainant, the present applicant has been arrested merely on the basis of suspicion and he has no power to favour the complainant in any manner. He also submits that the applicant is permanent resident of Surajpur having movable and immovable property and there is no chance of his absconding. The applicant is in jail since 21.06.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

Learned counsel for applicant in MCRC No.5830 of 2024 submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant was working as peon in the office of SDM and has no connection with this case. He also submits that the applicant was arrested only on the basis that he was present at the time of ACB’s trap, further the applicant has not demanded any money nor he received any amount. The applicant is in jail since 22.06.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

Learned counsel for applicant in MCRC No.6017 of 2024 submits the applicant has not committed any offence in question and he has been falsely implicated in the present case. He further submits that the applicant no criminal antecedent and he has been arrested only on the basis of false seizure memo prepared by the police, also as per the FIR there is no role of the applicant in the present case. He also submits that the applicant has never demanded anything from the complainant and there is no allegation in this regard against him and the mandatory provisions of the PC Act regarding search and seizure is not at all complied by the investigating officer in its true spirit. The applicant is in jail since 22.06.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

On the other hand, learned State counsel submits that the applicants, Dharampal Das (Assistant Reader), Abir Ram (Peon), and Kavinath Singh Uike (Home Guard) are involved in a crime of taking bribe of Rs. 50,000/- from the complainant in lieu of deciding the revenue appeal case related to the transfer of land in the name of the complainant and his family members in their favour, therefore the applicants are not entitled for grant of bail.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, nature and gravity of the offence, material available in the case dairy and the fact that the SDM, who is competent authority on behalf of whom a demand of illegal gratification of Rs.50,000/- was made and the applicants, Dharampal Das (Assistant Reader), Abir Ram (Peon), and Kavinath Singh Uike (Home Guard) have also participated in the alleged crime and Rs.50,000/- was taken as a bribe on behalf of SDM by the applicants, the said amount of Rs.50,000/- has been recovered from the Kavinath Singh Uike (Home Guard) and it was a trap laid down by the ACB, in which the involvement of all the applicants have been found, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. Accordingly, the bail application of applicants-Kavinath Singh Uike, Abir Ram and Dharampal Das, involved in Crime No. 18/2024 registered at Police Station Ambikapur, Anti Corruption Bureau (C.G.) for the offence punishable under Sections 7 & 12 of the Prevention of Corruption Act, 1988, is rejected at this stage.

Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.