2026:CGHC:19658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 111 of 2021 The State Of Chhattisgarh Through-In-Charge Police Station Economic Offence Wing/anti Corruption Bureau, Raipur District Raipur Chhattisgarh ... Appellant(s)

AKD KUE H WMI AAL NRES G H AN DsAKD iKU i E gg Hn WM iteI a AA dL l NR Eby S G yH AN versus Akhtar Ahmed Siddhiqui S/o Late Mohammad Nisar Aged About 45 Years Assistant Superintendent Project Officer, O/o Rajpur Present Attached With Office Of District Programme Officer, Women And Child Development Department Ambikapur District Surguja District Mominpura Parradand, Mahamaya Road Ward No. 36, Ambikapur District Surguja Chhattisgarh ... Respondent(s)

For Appellant(s) : Dr. Sourabh Pande, Deputy Advocate General.

For Respondent(s) : Mr. Rakesh Kumar Jha, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Judgment on Board

28/04/2026

1. The present acquittal appeal is filed against the judgment of acquittal dated 19.02.2021 passed by the Court of Special Judge (Prevention of Corruption Act) Ambikapur, District – Sarguja in Special Criminal Case No.01.2014, whereby learned trial Court has acquitted the accused / respondent from the charges under Sections 7, 13(1)(d)(ii)

and Section 13(2) of Prevention of Corruption Act.

2. Prosecution story, in brief, is that the complainant, Sanjay Kumar Bhagat, son of Moharsai, aged 41 years, resident of Narmadapur, Mainpat, District Surguja, submitted a written complaint on 01.08.2011 before Shri Anil Pathak at the Anti-Corruption Bureau, Bilaspur. He stated that his mother, Smt. S. Tirkey, had retired two years earlier from the post of Anganwadi Supervisor at Mainpat, and her dues such as provident fund and leave encashment were still pending. It was alleged that the accused, clerk Siddiqui Babu posted in the office of the Project Officer, Ambikapur, had prepared the bill and got it passed from the Treasury at Sitapur, and had kept a cheque of approximately Rs.3,00,000/- ready. However, he was demanding a bribe of Rs.10,000/- for handing over the cheque. The complainant stated that he did not want to pay the bribe but wanted the accused to be caught red-handed while accepting it. On 31.07.2011, the complainant recorded a conversation with Siddiqui Babu from his mobile number 9165xxxxxx to the accused’s mobile number 97530xxxxx and prepared an audio CD, which was presented before DSP Shri Anil Pathak, who listened to it. After arranging Rs.10,000/- as bribe money, the complainant again contacted the accused, who asked him to come to the District Programme Officer’s office, Ambikapur on 08.08.2011 with the bribe amount.

3. Further, on 05.08.2011, the complainant informed DSP Anil Pathak, who then planned a trap. A letter was sent to the Protocol Officer, Bilaspur to provide two gazetted officers as panch witnesses by 06.08.2011. Accordingly, a list of four witnesses was sent, out of which B.P. Agrawal and L.K. Lakra appeared as panch witnesses on 06.08.2011 and were instructed to remain present on 08.08.2011 at 4:30 AM and stay in contact. On 08.08.2011, as per instructions of DSP Anil Pathak, a trap team was formed under his leadership, including Inspector Ramakant Sharma (Investigating Officer), Inspector M.J. Singh, Constable Kashiram, staff member Kitab Singh, and the two panch witnesses. The complainant was instructed to meet at Ambikapur by 9:00 AM. The trap team departed from ACB Bilaspur at 4:30 AM and reached Hotel Mayura, Ambikapur at 9:30 AM. Room No. 212 was booked, and preliminary panchnama proceedings were conducted. The complainant was introduced to the panch witnesses. A second written complaint was submitted and marked for legal action. The complaint and the audio CD of the bribe demand were shown and seized in presence of witnesses. An offence under Section 7 of the Prevention of Corruption Act, 1988 was registered against the accused. During the proceedings, the complainant produced Rs.10,000/- (20 notes of Rs.500 each). The serial numbers were noted,