Regular bail may be granted to a public servant accused of corruption based on age, lack of prior criminal record, and the filing of the charge-sheet, without prejudice to the merits of the case.

Order on Board

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. 10/2026 registered at Police Station EOW/ACB, District- Raipur, (C.G.) for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 as Amended Act 2018.

2. Case of the prosecution, in nutshell, is that the present applicant is posted as Principal at Government Higher Secondary School, Mopka, District Baloda Bazar. It is alleged that the complainant’s father, namely Vijay Kumar Dandey, who is also working in the same school as Lecturer LB Hindi and was not physically fit, had been undergoing medical treatment, and for preparation and processing of his salary for the past 5 to 6 years, the present applicant had been demanding an amount of Rs. 10,000 as illegal gratification. It is further alleged that since September 2025, the applicant increased the demand to Rs. 15,000, whereafter the complainant submitted a written complaint before the Anti Corruption Bureau. It is also the case of the prosecution that the incident is stated to have taken place on 19.02.2026, whereas the FIR has been lodged on 26.02.2026. 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. It is submitted that as per the complaint itself, it has been alleged that a demand of Rs. 10,000 was made about 5 to 6 years ago, however, no complaint was lodged before any authority during the said period, which renders the allegation doubtful. It is further submitted that the applicant has, in fact, been assisting the complainant’s father, Vijay Kumar Dandey, who is working as Lecturer LB Hindi in Government Higher Secondary School, Mopka and was suffering from paralysis and unable to attend school regularly. It is contended that the amount allegedly seized from the applicant is not illegal gratification but a loan amount which had been given to the complainant’s father in his time of need. It is also submitted that the transcription of the pre trap conversation does not reveal any demand of illegal gratification by the applicant, which clearly indicates his innocence. He further submits that the applicant had been extending assistance in preparation of salary and other ofÏcial documents of the complainant’s father due to his medical condition, however, due to certain administrative constraints, all work could not be processed timely, which has led to the present false complaint being lodged by the complainant. It is also submitted that the applicant is in jail since 25.02.2026 and is a 61-year-old and has no previous criminal antecedents, and the charge-sheet has already 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 non-applicant/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the allegations against the present applicant are serious in nature as he, being a public servant holding the post of Principal, has abused his ofÏcial position by demanding illegal gratification from the complainant in connection