2026:CGHC:16373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3215 of 2026 Poonam Chand Agarwal S/o. Late Bajrang Lal Agarwal Aged About 49 Years R/o.- House No. A/511, Palm Resort, Suddu Raipur, District Raipur, Chhattisgarh.

... Applicant versus State of Chhattisgarh Through P.S. Anti-Corruption Bureau/ Economic Offence Wing, Ambikapur, District- Surguja Chhattisgarh.

... Non-Applicant For Applicant : Mr. Ashutosh Trivedi, Advocate For Non-Applicant/State : Dr. Sourabh Kumar Pande, Deputy A.G.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

09.04.2026

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. 07/2026 registered at Police Station- Anti-Corruption Bureau/ Economic Offence Wing, Ambikapur, District- Surguja, (C.G.) for the offence punishable under Sections

07 and 12 of the Prevention of Corruption Act, amended 2018.

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

2. The case of the prosecution, in brief, is that as reflected in the impugned order Annexure A-1, it is alleged that the applicant, while posted as Deputy Commissioner (Superintending Engineer) in the Chhattisgarh Housing Board, Circle Ambikapur, demanded illegal gratification of Rs.60,000/- from the complainant, contractor Ravi Kumar Bani, in connivance with co-accused Anil Sinha, in lieu of conducting physical verification and recommending final time extension for construction works relating to the New Tehsil Building at Village Doura Kochli and additional rooms at Kasturba Gandhi Residential School, Lundra, the complainant, being unwilling to pay the bribe, approached the Anti-Corruption Bureau, pursuant to which a trap was organized on 05.02.2026, during which the applicant was allegedly caught red-handed and thereafter arrested for offences punishable under Sections 7 and 12 of the Prevention of Corruption Act, 1988 as amended in 2018. Hence, the present bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to personal grudge of the complainant, whose construction work was incomplete and irregular, and upon refusal of the applicant to give a favourable physical verification report, a false trap has been orchestrated against him. It is further submitted that the applicant has already been placed under suspension and is no longer in a position to influence the official process. It is also submitted that in offences under the Prevention of Corruption Act, demand, acceptance and recovery are essential ingredients, however in the present case no tainted money has been recovered from the physical possession of the applicant and no chemical traces were found on his hands, thereby making the prosecution case doubtful. It is further submitted that the applicant is a differently-abled person suffering from polio effect in his shoulder and is also a chronic patient of arthritis, due to which he is facing serious difficulty in custody and requires proper medical treatment. It is also submitted that the trap was conducted on 05.02.2026 and the entire material evidence is already in possession of the prosecution, therefore there is no possibility of tampering with the same. It is further submitted that the apprehension of influencing witnesses or tampering with evidence is baseless and can be addressed by imposing appropriate conditions. It is also submitted that sanction for prosecution against the applicant is yet to be obtained which is a time-consuming process and continued incarceration would amount to pre-trial punishment, He further submits that the present applicant has no previous criminal antecedents, the charge-sheet has been filed before the competent Court, she is in jail since 05.02.2026, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of