2026:CGHC:1411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR KUNAL DEWANGAN Digitally MCRC No. 211 of 2026 signed by KUNAL DEWANGAN Chhatrapal Banjare S/o Shankar Lal Banjare, Aged About 52 Years Sub Engineer, Public Works Department Manendragarh, R/o Village And Post-

Hanauda, P.S. Padmnabhpur District Durg C.G.

... Applicant(s)

versus State Of Chhattisgarh Through Anti Corruption Bureau, Ambikapur C.G.

... Non-Applicant(s)

For Applicant(s) : Mr. Sunil Otwani, Senior Advocate along with Mr.

Deepak Sharma, Advocate.

For Non-Applicant(s) : Mr. Dharmesh Shrivastava, Dy. Adv. Gen.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

09/01/2026

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. 61/2025 registered at Police Station Anti Corruption Bureau, Ambikapur, District-Surguja (C.G.) for the offence punishable under Sections 7 of Prevention of Corruption Act.

2. Case of the prosecution, in brief, is that a work order dated

03.06.2025 was issued in favour of the complainant for the construction of a Bar Room Extension in the Civil Court premises, Manendragarh. The said construction work was duly completed by the complainant in the month of October, 2025. Thereafter, the complainant requested the applicant for physical verification of the constructed work. In lieu of conducting the said physical verification, the applicant allegedly demanded a bribe amount of Rs. 25,000/- on 24.10.2025. Aggrieved by the said demand, the complainant lodged a complaint before the Anti-Corruption Bureau, Ambikapur. Upon receipt of the complaint, the ACB provided a digital voice recorder to the complainant for verification of the demand. On 25.10.2025, the complainant visited the residence of the applicant along with the digital voice recorder and recorded the conversation, during which the applicant allegedly demanded a reduced bribe amount of Rs. 21,000/-. The said recorded conversation was subsequently handed over by the complainant to the ACB with a request to initiate appropriate legal action against the applicant. Based on the complaint and verification proceedings, a trap was laid on 30.10.2025, during which the bribe amount of Rs. 21,000/- was allegedly recovered from the possession of the applicant. Consequently, the applicant was arrested on 30.10.2025. Upon completion of a thorough investigation, the Anti-Corruption Bureau filed a charge-sheet on 22.12.2025 for the offence punishable under Section 7 of the Prevention of Corruption Act.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The investigation has already been concluded and the charge-sheet has been filed; however, the mandatory sanction for prosecution under the Prevention of Corruption Act has not yet been obtained from the competent authority and therefore, the learned trial Court lacks jurisdiction to take cognizance and the framing of charges is still pending, making early commencement of trial unlikely. The applicant has no previous criminal antecedents and has been in judicial custody since 30.10.2025. Considering that the maximum punishment under Section 7 of the Prevention of Corruption Act is seven years, custodial interrogation of the applicant is no longer required. It is further submitted that the prosecution has failed to establish the essential ingredients of demand and acceptance of bribe, as the alleged trap and seizure proceedings suffer from serious procedural infirmities and the voice recordings relied upon by the prosecution lack proper chain of custody, independent verification, and admissibility. Mere recovery, in absence of voluntary demand and acceptance, cannot sustain a charge under Section 7 of the Act, as consistently held by the Hon’ble Supreme Court. All material evidence has already been collected and is in the